### May 12, 2015

Exemption No. 11558 Regulatory Docket No. FAA

–2015

–0381

Mr. Timothy Lerma Lewanui 1629 Mona Loop Hilo, HI 96720
Dear Mr. Lerma: This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.
The Basis for Our Decision By letter dated February 13, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Lewanui (hereinafter petitioner or operator) for an exemption

. The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial survey, aerial photography and film and to assist search and rescue operations in remote areas

. See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner are the DJI Phantom 2 and DJI Inspire 1

.

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The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates. In accordance with the statutory criteria provided in Section 333 of Public Law 112

−95 in reference to 49 U

.S

.C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 , Certification procedures for products and parts, Subpart H

— Airworthiness Certificates, and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption Nos
. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

−20 14

−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;
 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Lewanui is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.
Conditions and Limitations
In this grant of exemption, Lewanui is hereafter referred to as the operator.

### 3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 and DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

-set motion picture and television filming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

-issued airman medical certificate or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised

### 4

documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

-flight inspection and determine the UAS is in a condition for safe flight. The pre

-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

### 5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre
-determined location within the private or controlled

-access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

### 6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

-set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

### 7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

-day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

-scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. This exemption terminates on May 31, 2017, unless sooner superseded or rescinded. Sincerely,

/s/ John S. Duncan Director, Flight Standards ServiceFebruary 13, 2015

U

. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 45

.23 (b); 14 CFR 21 ; 14 CFR 61.113(a) and (b); 14 CFR 61

. 113 (a) 

### & (b); 91

.7 (a); 91.9 (b) (2); 91

. 1 03; 91

. 109; 91.119(c); 91

. 121 ; 91

. 151(a) ; 91.203 (a) & (b); 91.405(a) ; 91.407(a)(1) ; 91.409 (a)(1) and (2); 91.417(a) and (b)

. Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

" Reform Act ") and 14 C.F

. R. Part 11 , Lewanu i an operator of Unmanned Aircraft Systems ("UASs ") for aerial photography, film , survey , and search and rescue, hereby applies for an exemption from the Federal Aviation Regulations ("FARs ") to allow commercial operation of its UASs.
To date , the FAA granted numerous exemptions to UAS operators , including Astraeus Aerial , Team 5 LLC , Alan Purwin, and Helinet Aviation Services.
Lewanui's requested exemption would permit the operation of small , unmanned UAS under controlled and sterile airspace that is : (i ) limited , (ii) predete rmined , (iii) subject to controlled access , and (iv) provide greater safety in connection with aircraft operations

. As established by the exempt ions already granted by the FAA , approval of Lewanui's exemption would enhance safety and fulfill the Secretary of Transportation 's (the FAA Administrator's) responsibilities to "

... establish requirements for the safe operation of such aircraft systems in the national airspace system ." Section 333(c) of the Reform Act.
The name and address of the applicant is : Timothy Lerma Ph: 808.557.1988 Email: tjlerma@gmail.com 1629 Mona Loop Hilo , HI 96720

1629 Mona Loop , H il o , H l 96 720 T : 808.557 .1 988 E : tj lerma@gmail.comDOT February 13 , 2015 Page 2

This exemption app l ication is expressly submitted to fulfill Congress ' goal in passing Section 333(a) throug h (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaki ng required under Section 332 of the Reform Act. In making this determination , the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following :

• The UAS 's size , weigh t, speed , and operational capability ; • Operation of the UAS in close proximity to airports and populated areas ; and • Operation of the UAS within visual line of sight of the operator

. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions

. This statutory authority by its terms includes exempting civil aircraft , as the term is defined under §401 01 of the Act , that includes UASs , from the requirement that all civil aircraft must have a current airworthiness certificate

. UASs operated by Lewanui weigh less than 55 pounds , including the payload (i.e

. camera, lens, and gimbal). They operate at speeds of no more than 40 knots , can hover, and can simultaneously move vertically and ho rizontally. Lewanu i will only operate its UASs in line of sight and will operate only within the sterile area. Such operations will insure that the UAS will "not create a hazard to users of the national airspace system or the public. "
Lewanui seeks an exemption to operate the DJI Phantom 2 and DJI Inspire 1 model UAS for compensation or hire within the NAS. Such activities include, but are not limited to, aerial survey , aerial photography and film , and assist search and rescue operations in remote areas. Each UAS has a maximum g ross weight under 10 pounds , maximum speed of 49 mph (approximately 42 knots) , and a run time of approximately 30 minutes. A copy of the operating handbook for each aircraft will be submitted with this exemption request. Each UAS operated by Lewanui will be registered in accordance with 49 U

.S.C. 44103, Registration of Aircraft, as well as 14 C.F

. R Part 47 , Aircraft Registration , and marked in accordance with 14 C.F

. R. Part 45 , Identification and Registration Marking

. Given the small size of Lewanui 's UASs and the rest ricted sterile environment within which they will operate , Lewanui's UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size of the UASs and the limited areas in which they will operate , approval of th is application presents no national security issues. Based on the substantial level of safety surrounding the proposed operations , and the significant public benefit (enhanced safety) , reduction i n environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly , Lewanui respectfully requests that the FAA grant the requested exemption without delay

.

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Aircraft and equivalent level of safety
The applicant proposes that the exemption requested apply to civil aircraft that have the characteristics and that operate with the limitations listed. These limitations provide for at least an equivalent or even higher level of safety to operat ions under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and aerial filming for movie and television filming operations conducted with conventional aircraft

. These limitations and conditions to which Lewanui agrees to be bound when conducting commercial operations under an FAA issued exemption include : 1. The UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of a pilot and/or observer

. 3. Maximum total flight time for each operational flight will be 30 minutes

. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feet AGL 5

. Minimum crew for each operation will consist of the UAS Pilot , the Visual Observer, and the Camera Operator. 6. UAS pilot will be an FAA licensed airman with at least a private pilot 's certificate and third class medical. The observer will hold at least a third class medical. 7. UAS Pilot assumes all duties and responsibilities as Pilot in Command (PIC)

. 8

. The UAS will only operate within a confined "Sterile Area ". Security will be performed by the operator and designated security personnel. 9. A briefing will be conducted in regard to the planned UAS operations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing

. 10. For photo and film missions, the operator will obtain the consent of all persons involved in the mission and ensure that only consenting persons will be allowed within 100 feet of the flight operation , and this radius may be reduced to 30 feet based upon an equivalent leve l of safety determination. With the advanced permission of the relevant FSDO , operations at closer range can be approved

. 11

. For photography and photo missions , the operator will submit a written Plan of Activities to the FSDO three days before the proposed mission. 12. Pilot and observer will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated

. 13. ALL crew members will at all times be able to communicate by ONLY voice communications as to ensure all crew members maintain a visual contact with the UAS at ALL TIMES

.

1629 Mona Loop , Hilo , HI 96720 T : 808

.557

. 1988 E: tjlerma@gmail.comDOT February 13 , 2015 Page 4 14. Written and/or oral permission from the relevant property holders will be obtained. 15. All required permissions and permits will be obtained from territorial , state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 16. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. 17

. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
*For emergency assistance with State and Government Agencies, such as assisting in search efforts, we ask that we be exempt from the 72 hour plan of activities notice

. UAS Crew Requirements: UAS Pilot in Command must:
1. Hold at least a FAA Private Pilot with current 2nd class medical 2. Have logged a minimum of 100 takeoff and landing cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor); a minimum of 5 hours as UAS pilot with the make and model of UAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 days; (training and currency documentation will be submitted with plan of activities) 3. Received training in the safe operation of the UAS to be operated. Training will include: a. Normal and emergency modes of operation b. Familiarization with the operation manual published by the UAS manufacturer

. c. Types of maneuvers to be performed during operations including safe operation in relation to persons, property and applicable airspace using the actual UAS or manufacturers simulation software

Camera Operator must:
1

. Be familiar with the operation manual published by the UAS manufacturer. 2. Receive training in the safe operation of the camera I gyro systems operated onboard the UAS. Training will include:

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. 1988 E : tjlerma@gmail.comDOT February 13 , 2015 Page 5

a. Proper method of loading, rigging, or attaching the camera mount, lighting, and any external equipment b

. Types of maneuvers to be performed during operations c. Safe operation in relation to persons, property and applicable airspace

. d. Receive training on basic VFR weather minimums outlined in 14 CFR 91

. 155
In a dual control configuration , the Camera Operator will not operate the master controller. Observers must:
1. Hold at least a third class medical 2

. Be familiar with the use of VHF I FM radio communication. 3. Have received training on the National Airspace System 14 CFR 71 and the basic VFR weather minimums outlined in 14 C.F.R. 91.155.

Th e Plan of Activities
The Plan of Activities must include the following : 1. Dates and times for all flights; 2. Name and phone number of the person responsible for the photography I filming event; 3. Name and phone number of the person responsible for the aircraft ; 4. Make, model and serial number and/or registration number of all UAS t to be used; 5. Name and certificate number, if applicable , of all crewmembers to be utilized in the event including copies of FAA Medical Certificates, endorsements , and flight logs to indicate currency; 6. A statement that the Waiver Holder has obtained permission from property owners and/or local governmental officials to conduct the event; 7. Signature of Waiver Holder or representative; 8. A description of the flight activity including maps or diagrams of any area, city, town, county, and/or State over which filming will be conducted and the minimum altitudes essential to accomplish the operation

. Bri efing for Photography and Film Missions
Lewanui and the event representative will conduct a verbal and written briefing for the members involved , including emergency, if applicable, and security personnel. This briefing will be conducted prior to each day's UAS activities and will include the following items.

1629 Mona Loop , Hilo, Hl96720 T: 808.557

. 1988 E : tjlerma@gmail.comDOT February 13 , 2015 Page 6 1. Authorization UAS flight operations , Plan of Activities, special provisions and any additional provisions issued by the Flight Standards District Office having jurisdiction over the photo I filming area. 2. Radio communications. 3. Takeoff procedures. 4. Aviation activities to be conducted during the event. 5. Approach and landing procedures. 6. Alternate landing zone in the event of emergency or security breach 7. Recall procedures

. 8

. Emergency procedures. 9. Possible risk to personnel that are involved. 10. Control of non-participating persons. 11

. Location of boundaries or deadlines, man-made or natural , readily visible to the participants

. 12. Local governmental limitations, restrictions, or an y special circumstances , such as noise sensitive areas , time of day restrictions or changes in operating procedures. Security
The exclusion from the flight operations area of unauthorized persons , vehicles or aircraft will be enforced by designated event personnel , private security officers or sworn law enforcement officers at the direction of Lewanui.
Lewanui or a designated representative will halt flight operations in the event unauthorized persons , vehicles or aircraft enter the flight operations area. A predetermined abort signal will be used to halt flight operations should a breach of perimeter security occur, or for any other reason in the interest of safety.
Alternate UAS landing sites will be made available prior to the start of the event.
Regulations from which the exemption is requested:
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 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F

. R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91

.203 (a) 

### & (b)

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14 C

. F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1 ). Given the size and limi ted operating area associated with the aircraft to be utilized by the Applicant , an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size , weight, speed , operational capability, and proximity to airports and populated areas of the particular UAS. In all cases , an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed

. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger , carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area

. Unlike other civil aircraft , operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming

. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production , provide a greate r degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F

. R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS , due to its size, speed of operation , location of operation , lack of explos ive materials or flammable liquid fuels , and inability to carry a substantial external load.

14 C

. F

. R. § 45

.23 (b). Marking of the Aircraft
The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited , restricted or light-sport category aircraft or experimental or provisionally certificated aircraft , the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station , in letters not less than 2 inches nor more than 6 inches high , the

1629 Mona Loop , Hilo , Hl96720 T: 808.557 .1 988 E: tjlerma@gmail.comDOT February 13 , 2015 Page 8 words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word Experimental" can be placed. Given the size of the UAV , two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).
The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167

### A.

14 C.F .R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

. Sections 61.113 (a) 

### & (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers , the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety provided exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted , that allowing operations of the UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b)

.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft , should this exemption be granted , no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manufacturers Operating Manual for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided

. 14 C.F

. R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.
Section 91.9 (b) (2) provides:

1629 Mona Loop , Hilo , Hl96720 T: 808.557

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No person may operate a U

.S

.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter , unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual , approved manual material , markings, and placards, or any combination thereof.
The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft , not only because there is no pilot on board , but because there is no room or capacity to carry such an item on the aircraft

. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pi lot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607 , 8737,8738,9299, 9299A, 9565,95658 , 10167 , 10167A, 10602, 32827 , and 10700

.

14 C.F.R. § 91

. 103: Preflight action
This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements , landing and takeoff distances and aircraft performance data before initiation of flight.
14 C.F.R. §91.1 09: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft , by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft

. See Exemption Nos

.5778K & 9862A. The equivalent level of safety can be achieved as neither a p i lot nor passengers will be carried in the aircraft in addition to the small size and low speed of the aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL. As set forth

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. 1988 E: tjlerma@gmail.comDOT February 13 , 2015 Page 10 herein , except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent.
The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the movie industry. In addition , the low-altitude operations of the UAS will ensure separation between these smaii-UAS operations and the ope rations of conventional aircraft that must comply with Section 91.119.
14 C

.F. R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

.. .to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, by receiving altitude information via a digitally encoded telemetric data fe ed , which downlinks from the aircraft to a ground-based onscreen display. This altitude information will be generated by equipment installed on board the aircraft , using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.
14 C

. F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and , assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."
The battery powering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area , a longer time frame for flight in daylight or night VFR conditions is reasonable. Lewanui believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin

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. 151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed , with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91

. 151 (a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.
Lewanui believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area

. Similar exemptions have been granted to other operations, including Exemptions 2689F , 5745, 10673 , and 10808

. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration
The regulation provides in pertinent part: (a) Except as provided in § 91

.715 , no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew

. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS

. The FAA has issued numerous exemptions to this regulation

. A representative sample of other exceptions includes Exemption Nos. 9565,9665,9789, 9789A,9797 , 9797A , 9816A , and 10700.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) 

### & (b): Maintenance Inspections
These regulations require that an aircraft operator or owner "shall have that 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

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... ," and others shall inspect or maintain the aircraft in compliance with Part 43.
Given that these section and Part 43 apply only to aircraft with an airworthiness certificate , these sect ion s will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. As the manufacturer does not provide specific maintenance instructions , maintenance will be "on condition" for all aircraft and each aircraft will have a maintenance log.
An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance , and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equiva lent leve l of safety. If the operator encounters a maintenance issue which cannot be addressed, the UAS will be returned to the manufacturer or a qualified repair facility where such repairs or maintenance can be performed

. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C

. F.R. §21 , subpart H; 14 C.F

. R 45.23(b) ;14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121 ; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less) in aerial photography and aerial filming operations. Approval of exempt ions allowing commercial operations of UASs in the aerial photo and film industry will enhance safety by reducing risk. Conventional film operations , using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,0001bs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carried to the film set and not flown

. The UAS will carry no passengers or crew and, therefore, will not expose them to the ri sks associated with manned aircraft flights.
The operation of small UASs, weighting less than 55 lbs. , conducted in the strict conditions outlined above , will provide an equivalent level of safety supporting the grant of the exemptions requested herein , including exempting the applicant from the

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. 1988 E : tjlerma@gmail.comDOT February 13 , 2015 Page 13 requirements of Part 21 and allowing commercial operations

. These lightweight aircraft operate at slow speeds , close to the ground , and in a steri le environment and , as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. Privacy
All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.
If you have any questions or need any additional information, please contact the undersigned at 808.557

. 1988 or tjlerma@gmail.com

. Sincerely yours,

1629 Mona Loop , Hilo , Hl96720 T: 808.557.1988 E: tjlerma@gmail.com