June 23, 2015

Exemption No. 11863 Regulatory Docket No. FAA

– 20 15

– 0846

Ms. Ingrid L. Wehner President Hawaii Commercial Drone Operations, LLP 2798 Upena Street Lihue, HI 96766

Dear Ms. Wehner :

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.

By letter dated Marc h 29, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Hawaii Commercial Drone Operations, LLP ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photo graphy, primarily for inspection of towers and structures

.
See Appendix A for the petition submitted to the FAA des cribing 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

.

Airw orthiness Certification

The UAS proposed by the petitioner is a Phantom 2 Vision

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

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

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

, C ertification 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 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , 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 peti tioner 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 i nterest.

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, Hawaii Commercial Drone Operations, LLP 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 pe titioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Hawaii Commercial Drone Operations, LLP is hereafter referred to as the operator.

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 Phantom 2 Vision 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. Th e 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 maintai ns VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic 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 limitati ons in this exemption and the procedures outlined in the operating documents,4

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 opera tor may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present upda ted 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 a n amendment to its grant of exemption. The FA A’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 oper ation 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 compon ents, 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 fl ight.

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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certifi cate.5

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 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, p roficiency, 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 ma y only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distanc e 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 r ules (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 symbo l 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 mad e 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 sign al, the UA must return to a
pre

- determined location within the pr ivate 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 manu facturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

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

.6

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.

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 a nd 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, v ehicles, 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 protectio n. 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 t rainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. P ermission 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 FA A'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

.7

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.

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) wi th jurisdiction over the a rea 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 f or the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e 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 involve d 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 91.8

This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

Enclosures1

March 29 , 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE. Washington, DC 20590

Ingrid L. Wehner
Presi dent Hawaii Commercial Drone Operations, LLP 2798 Upena St. Lihue, HI 96766 (808) 647

- 0834

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R. Part 11

Dear Sir or Madam:

Hawaii Commercial Drone Operations, LLP (HCDO) located at 2798 Upena St., Lihue, HI 96766 and

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requests exemptions from several provisions of the Federal Aviation Regulations ("FAR"), specifically Section 333 which authorizes the FA A to determine:

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not
create a hazard to users of the national airspace system or the public or pose a threat to national security; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the ope ration of unmanned aircraft systems identified under paragraph (1).

We are wri ting to request that HCDO, LLP , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FA Rs") listed below so that HCDO , may opera te its
small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation
Administration

("FAA"); as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

HCDO has been actively involved in the technical development of UAS/ UAV service applications to provide high definition aerial photography , aerial surveys, aerial mapping, and aerial inspections with
small unmanned aircraft an d lightweight UAS's.

The substance of this request is essentially the same as that granted to ASTRAEUS AERIAL Regulatory
Docket No. FAA

- 2014

- 0352 in that HCDO is engaged in aerial photograph of structures using similar lightweight , remote controlled UAS's in remote areas to minimize the need to climb such structures.2

HCDO has fully equipped each of its small unmanned aircraft for aerial photography, primarily for use in the inspection of towers and structures that would otherwise require climbing at great risk to the personnel involved, though given the stability and maneuverability, they may be used by law enforcement personnel, search and rescue and by other first responders for other photography including video.

HCDO exemption request would permit its operation of lightweight, unmanned (remotely controlled in line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, sectioned off locations will allow HCDO to operate within current safety para meters and new ones being implemented. As identified, similar lightweight, remote controlled UAS's are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe.

Granting HCDO 's request comports with t he Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UAS's into the national airspace system, but to" ... establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace syste m"
under Section 333 of the Reform Act. Further, HCDO will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.

The Extent of Relief HCDO Seeks and the Reason It Seeks Such Relief:

HCDO submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable F AR's operating to prevent HCDO contemplated commercial inspections, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the pu blic's interest to do so. HCDO lightweight UAS's meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integrat ion of HCDO lightweight UAS's are expressly

contem plated by the Reform Act. HCDO would like to operate its lightweight UAS's prior to th e time period by which the Reform Act requires the FA A to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exe mption for HCDO

.

HCDO UAS's uses multi counter

- rotating propellers for extreme balance, control and stability. They each typically weigh less than 55 pounds, including camera or other equipment. Each of HCDO 's small unmanned aircraft is designed to primar ily hover in place and operate at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the line of sight of the remote control pilot. In addition to the remote control pilot, HCDO uses a camera o perator, s uch that, at minimum, two HCDO personnel gov ern the safe flight of an HCDO aircraft at all times.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty
minutes. HCDO does not operate its UAS's with les s than twenty five percent battery capacity. Safety systems in place incl ude a GPS mode that allows HCDO UAS's to hover in place if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity.3

Further, HCDO fleet is programm ed, in all instances, to immediately return to a pre

- determined location
wi thin the planned operating area and land or be recovered in accordance with the operating
documents if communications are lost or loses it s GPS signa l

.

HCDO does not operate its UAS's within 5 nautical miles of an airport reference point denoted on a

current FA A

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained, and is conducted in accordance with a NO TAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

HCDO operation of its fleet of small unmanned aircraft will not "create a hazard to users of the national

a irspace system or the public." 112 P. L. 95 § 3 3 3 (b). Given the small size and weight of HCDO UAS's, combined with their operation in cordoned off a nd well

- controlled areas, HCDO fleet falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Indeed, HCDO UAS's have a demonstrable safety record and do not pose any threat to the general public or national security. The FAA has the authority to i ssue the exemption to HCDO pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits Granting HCDO exemption request furthers the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commercially flown UAS's into the national airspace system, hence the passing o f the Reform Act. Second, HCDO conducts research into safe UAS operations every time it flies one of its UAS's. Flight data, visual inspection s, recorded observations and flight analyses are compiled to further enhance current s afety protocols. Allowing HCDO to log more flight time directly relates to its research and its ability to further enhance current safety measures. Third, the public has an interest in reducing the danger associated with current aerial inspection methods, namely, resorting to physically climbing high or compromised structures to inspect.

Granting HCDO exemption request substantially furthers the public's interest in ways known and

curr ently unknown. Permitting HCDO to immediately fly within the United States furthers advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel and first responders with state of the art eq uipment that does not cost millions of dollars.

Reasons Why HCDO Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

HCDO exemption will not adversely affect safety. Quite the co ntrary, for the various reasons stated, permitting HCDO to log mo re flight time will allow HCDO to innovate and implement new and as of yet undiscovered safety protocols.

HCDO UAS's weigh less than 55 pounds complete with cameras.

HCDO only operates its UAS's below 400 feet;

HCDO UAS's only operate for 5

- 45 minutes per flight;

HCDO lands its UAS's when they reach 25% battery power;

HCDO remote control pilots operate HCDO UAS's by Visual Line of Sight (VSOL)4

HCDO UAS's have GPS fligh t modes whereby they hover and then slowly land if communication with the remote control pilot is lost or battery power is below 25%;

HCDO actively analyses electronic flight data and other sources of information to constantly update and enhance safety pro tocols;

HCDO only operates in secured areas that are strictly controlled, are away from airports and populated

areas;

HCDO conducts extensive briefings prior to flight, during which safety carries primary importance;

HCDO always obtains all necessary pe rmissions and permits prior to operation;

HCDO provides a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integration of commercial UAS's into our nationa l airspace system, helicopters are the primary means of aerial photography. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS.

First, the potential loss of life is diminished because UAS's car ry no people on board and HCDO only operates in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and e xtreme

mane uverability of HCDO UAS's allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to capture required images, HCDO UAS's need not be so close to the objects they are focused o n. Accordingly, HCDO UAS's have operated and will continue to operate at and above current safety levels.

Summary the FAA may publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H,
entitled A irworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enc losed operational area of HCDO UAS's permits exemption from Part 2 1 because HCDO UAS's meet an equivalent level of safety pursuant
to Section 33 3 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S. C. § 44701 (f)) and

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airpor ts and dense populations. HCDO UAS's meet or exceed each of the elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.5

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofa r as HCDO UAS's utilize electro nic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above . The equivalent level of safety will be achieved by maintaining such certifications and registrations at the HCDO flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to
be marked according t o certain specifications. HCDO UAS's are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

inch lettering is difficult to place on such small air craft. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are li mited to n on

- commercial operations. HCDO can achieve an equivalent level of safety as achieved by cu rrent Regulations because HCDO UAS's do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote contro l piloting skills, though HCDO pilot vetting and training programs (based upon completion of an FAA Approved Ground School and a self

administered UAS flight training program and internal procedures) will. All Further, the risks atte ndant to the operation of HCDO UAS 's is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C. F. R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows Helico pters to be operated at lower altitud es in certain conditions.

HCDO UAS's will never operate at an altit ude greater than 400 AGL. HCDO will, however, operate its UAS's in sectioned off areas with security perimeters, providing a level of safety at least eq uivalent to those in relation to minimum safe altitudes. Given the size, weight, man euverability and speed of HCDO UAS's, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspecti ons. The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph C of this sectio n, have discrepancies repaired as prescribed in part 43 of this chapter."

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply

to HCDO should its reques ted exemption be granted. HCDO conducts an exten sive maintenance program that involves regular software updates and constant inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. HCDO has researched and developed its own designs.

F. Summary HCDO s eeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles and to conduct its own research and to develop economic6

platforms for aerial survey, law enforcement , first responders, se arch and rescue. Granting HCDO request for exemption will reduce current risk levels and ther eby enhance safety.

Further, HCDO operates at lower altitudes an d in controlled airspace. HCDO has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds curre ntly accepted means and methods of safe flight. There are no people on board HCDO UAS's and therefore the likelihood of death or serious bodily injury is significantly limited. HCDO operation of its UAS's, weighting less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that
achieved under current FARs.

HCDO respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issu e the exemption sought by HCDO pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

By Member

Ingrid L. Wehner

For : Hawaii Commercial Drone Operations, L LP

2798 Upena St., Lihue, HI 96766

808

- 647

- 0834

808

- 245

- 2029

HCDOingrid@gmail. com