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

§61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring a ground crew member to have a private pilot's license rather 

than a commercial pilot's license to operate this sUAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no persons on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. The 

risks associated with the operation of the sUAS are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations as requested with a Jrivate pilot in the ground crew exceeds the present level of safety 

achieved by 14 C.F.R. §61.1 13 (a) & (b). The equivalent level of safety provided by the fact, 

that neither a pilot nor passengers will be carried in the aircraft by the size and speed of the 

aircraft. Enhancing this safety is the technology inherent in the remote controls utilizing digital 

communications which is paired to the sUAS making it nearly impossible to unintentionally or 

intentionally have the control communications interrupted. 

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 Manual for maintenance and use of safety check lists prior to each flight, a 

subset of which are provided in enclosed Supplemental material, an equivalent level of safety 

will be provided. 

14 C.P.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. §91.9 (b) (2) provides: 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 sUAS, given its size and configuration has no ability 

to carry a physical flight manual 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 sUAS 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. §91.1 03: Preflight action this regulation requires each PIC 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. Further, we have proprietary manuals created with 

the help of sUAS experts, the manufacturer, the regional sUAS vendor and policy holding 
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insurer and continue to work with these organizations to ensure best safe practices are adhered 

to. 

14 C.::t;>.R. §91.1 09: Flight instruction §91.1 03 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. sUASs 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. 

14 C.F.R. §91.119: Minimum safe ' altitudes §91.119 establishes safe altitudes for operation of 

civil aircraft. §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 sUAS that closely mimics the behavior of a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an 

exemption may be needed to allow such operations. As set forth herein, the sUAS will never 

operate at higher than 400 AGL or beyond unaided visual line of sight, whichever is closer. It 

will however be operated in a restricted area with security officials tasked with ensuring public 

safety, and where buildings and people will not be exposed to operations without their preobtained consent and training. 

The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well 

as the location where it is operated. No flight operation will be taken without the permission of 

the property owner in the case of private property or local officials I the case of public property 

or private property with public interests. Because of the advance notice to the property owner 

and participants in the remote sensing 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 55lb of Dave Lopez sUAS 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 addition, the low-altitude operations of 

the sUAS will ensure separation between these small- UAS operations and the operations of 

conventional aircraft that must comply with §91.119. 

14 C.F.R. §91. 121 Altimeter Settings §91.121 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 sUAS 

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, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. The PIC and Technician will 

also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height. 
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14 C.F.R. §91. 121 Altimeter Settings §91.121 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 sUAS 

may n_ot 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, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. The PIC and Technician will 

also ensure effective pairing with multiple GPS sources to guarantee accurate detection of height. 

14 C.F.R. §9 1.151 (a): Fuel Requirements for Flight in VFR Conditions §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 sUAS 

provides approximately 15 minutes of powered flight in hover mode without payload. Dave 

Lopez sUAS will not be able to meet the 30 minute reserve requirement in 14 CPR §91.151. 

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 power, 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. Dave Lopez believes that an equivalent level of 

safety can be achieved by limiting flights to » 10 minutes or 25% of battery power whichever 

happens first. This restriction would be more than adequate to return the sUAS toils planned 

landing zone from anywhere in its limited operating area. Similar exemptions have been granted 

to other operations, including Exemptions 2689F, 5745, 10673. 

14 C.P.R. §91.203-(a) & (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 sUAS fully loaded weighs no more than 55lb 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 sUAS. An equivalent level of safety will be achieved by keeping these documents at 

the ground control point where the pilot flying the sUAS will have immediate access to them to 

the extent they are applicable to the sUAS. 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.P.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 ofthis part and shall between required inspections, except as provided in 
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paragraph (c) of this section, have discrepancies 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 n9t apply to the applicant. Maintenance will be accomplished by the operator pursuant to the . 

flight manual. An equivalent level of safety will be achieved because these small U ASs 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 sUAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the sUAS 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 airw rthy condition to provide the equivalent level of safety. 

An exemption granted to Dave Lopez would permit its operation of lightweight, unmanned, 

remotely controlled, sUASs in a tightly controlled environment with limited airspace. Dave 

Lopez utilizes local business' safety officers in specifically determined areas (designed flight 

zone) to mitigate injury and property damage while fulfilling clients' goals. Technical 

enhancements to current safety controls will allow Dave Lopez to operate exceeding current 

safety specifications, and stay ahead of, or meet, new ones being implemented by the FAA and 

Department of Transportation. Further, Dave Lopez conducts its operations in compliance with 

protocols described herein or as otherwise established by the FAA. 

Summarv 

Dave Lopez 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 operate Dn Phantom 3 sUAS for 

commercial photograph and video to provide High-end video production, graphic media and 

sUAS aerial services. This authorization will be used to provide support services to news 

organizations, real estate agencies photography, film and movie production, and inspection 

companies in a safe environment and in full compliance with federal guidelines. If an exemption 

is granted to Dave Lopez he will have a unique opportunity offer education to change the present 

and an innovative approach to the future. Along with this, brings a chance to share information 

that will educate and elevate the State of Hawaii and neighboring states across the sea to become 

more respectful and responsible operators, hobby enthusiasts and future professional 

entrepreneurs ofUAS. By granting Mr. Dave Lopez's request for exemption will also enhance 

safety and reduce current risk levels as Dave Lopez will operate at lower altitudes and in 

controlled airspace. 
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In closing, Dave Lopez has strong ties to his community and the ability to keep its citizens 

informed about the product and its potential services. This offers a unique role to affect positive 

change ... if exemption is granted. By his relationship with UAS's and the continued sharing of 

cuttin~ edge techniques and extraordinary safeguards in place, the likelihood of death or serious 

bodily injury are significantly reduced. 

Drone Services Hawaii LLC Exemption #12675 helped educate and developed Petition for 

exemption for Dave Lopez the end document user. This step was initiated after Alaska UAS 

interest group annual meeting 2015. This action is a new way forward to ensure a higher level of 

Safety. Sharing data across exemption holders will be the way to move forward in solving sUAS 

integration into the NAS. 

Dave Lopez respectfully requests that the FAA grants its exemption request without delay. The 

FAA has the authority to issue the exemption sought by Dave Lopez pursuant to the Federal 

Aviation Act, 85 P.L. 726 (1958), as amended (the "Act"). 

Sincerely, 

Dave Lopez, CEO 

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