June 23, 2015

Exemption No. 11863

Regulatory Docket No. FAA–2015–0846

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 March 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 aircraft system (UAS) to 

conduct aerial photography, primarily for inspection of towers and structures.

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 is a Phantom 2 Vision.

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 
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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 collection1. 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, 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 petitioner 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.
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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. 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, 
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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 

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.
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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 

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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

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 

President 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 FAA 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 operation of unmanned aircraft systems 

identified under paragraph (1). 

We are writing to request that HCDO, LLP, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations ("FARs") listed below so that HCDO, may operate 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 and 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. 
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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 parameters 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 the 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 system" 

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 FAR'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 public's interest to do so. HCDO lightweight UAS's meet the definition of "small unmanned 

aircraft" as defined in Section 331 and therefore the integration of HCDO lightweight UAS's are expressly 

contemplated by the Reform Act. HCDO would like to operate its lightweight UAS's prior to the time 

period by which the Reform Act requires the FAA 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 exemption 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 primarily 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 operator, such 

that, at minimum, two HCDO personnel govern 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 less than twenty five percent battery capacity. Safety 

systems in place include 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. 
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Further, HCDO fleet is programmed, in all instances, to immediately return to a pre-determined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents if communications are lost or loses its GPS signal. 

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

current FAA-published aeronautical chart unless a letter of agreement with the airport’s management is 

obtained, and is conducted in accordance with a NOTAM 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 

airspace 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 and 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 issue 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 of the Reform Act. Second, HCDO conducts 

research into safe UAS operations every time it flies one of its UAS's. Flight data, visual inspections, 

recorded observations and flight analyses are compiled to further enhance current safety 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 

currently 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 equipment 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 contrary, for the various reasons stated, 

permitting HCDO to log more 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) 
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HCDO UAS's have GPS flight 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 protocols; 

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 permissions 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 national 

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 carry 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 extreme 

maneuverability 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 on. 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 Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of HCDO

UAS's permits exemption from Part 21 because HCDO UAS's meet an equivalent level of safety pursuant 

to Section 333 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 airports 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 insofar as HCDO UAS's utilize electronic 

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 to 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, twoinch lettering is difficult to place on such small aircraft. 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 limited to non-commercial operations. HCDO can achieve an equivalent level of 

safety as achieved by current Regulations because HCDO UAS's do not carry any pilots or passengers. 

Further, while helpful, a pilot license will not ensure remote control piloting skills, though HCDO pilot 

vetting and training programs (based upon completion of an FAA Approved Ground School and a selfadministered UAS flight training program and internal procedures) will. All Further, the risks attendant 

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 Helicopters to be operated at lower altitudes in certain conditions. 

HCDO UAS's will never operate at an altitude 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 equivalent to 

those in relation to minimum safe altitudes. Given the size, weight, maneuverability 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 Inspections. 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 section, 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 requested exemption be granted. HCDO conducts an extensive 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 seeks 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 economic 
6

platforms for aerial survey, law enforcement , first responders, search and rescue. Granting HCDO

request for exemption will reduce current risk levels and thereby enhance safety. 

Further, HCDO operates at lower altitudes and 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 currently 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 issue 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, LLP

2798 Upena St., Lihue, HI 96766

808-647-0834

808-245-2029

HCDOingrid@gmail.com