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.
2

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−2014−0507), 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.
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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 
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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 
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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.
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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.
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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 Service
February 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 , Lewanui 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) predetermined , (iii) 

subject to controlled access, and (iv) provide greater safety in connection with aircraft 

operations. As established by the exemptions 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 

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This exemption application is expressly submitted to fulfill Congress' goal in 

passing Section 333(a) through (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 rulemaking 

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, weight, 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 horizontally. Lewanui 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 gross 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 restricted 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 this 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 in 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 operations 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 level 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. 

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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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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. 

The 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. 

Briefing 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. 

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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 any 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 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

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 limited 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 greater 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 explosive 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 

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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: 

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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 pilot 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 pilot 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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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 operations 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 feed, 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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Corporation to operate without compliance with FAR 91 .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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repaired as prescribed in part 43 of this chapter ... ," 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 sections 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 equivalent level 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 exemptions 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 risks 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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requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground , and in a sterile 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