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. 
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 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. 
3

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) 
4

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