January 25th, 2016 Eric West

CEO

Mr. James Williams Hawaii’s Best Real Estate DBA

Manager, Flight Standards Service Maui Drone Photography

172 Holomakani Place

Kula HI 96790 Unmanned Aircraft Systems Integration Office

(808) 298-2030 Federal Aviation Administration

800 Independence Avenue, SW HawaiisBest1@gmail.com

Washington, DC 20591 www.mauiphotographydrone.com

U.S. Department of Transportation, Docket Operation

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for exemption from multiple regulatory provisions to allow the use of small 

unmanned aerial systems on land controlled by clients of Hawaii’s Best Real Estate 

DBA Maui Drone Photography referred to as (HBR Dba MDP) to assist in the safe still 

and video photography of land, and improved assets. 

Dear Mr. Williams:

Hawaii’s Best Real Estate DBA Maui Drone Photography (HBR Dba MDP) requests an 

exemption from several provisions of Title 14 of the Code of Federal Regulations 

(C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in the –

aerial photography for our clients. Accordingly, the grant of an exemption is consistent 

with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform 

Act of 2012 (Modernization Act),1 that safe systems be permitted in the national airspace 

prior to the issuance of final regulations governing general use of these systems.2 A 

summary of this request suitable for publication in the Federal Register is provided as 

Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft 

performance, and fail-safe features. We have provided manufacturer information related to 

operating limitations, normal and emergency procedures, and maintenance and inspection 

procedures. As we add aircraft designs, we will update this appendix appropriately.

Appendix C provides the Drone Fleet & Aerospace Management Operations Manual 

for flights covered under this Exemption Request.

1 P.L. 112-95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type of 

UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.
Background Information

HBR Dba MPD is in the business of aerial photography for our clients. HBR DBA 

MPD Clients look to us for Safe Operations of sUAS. We have developed specific HBR 

DBA MPD Safe UAV Operational Procedures. Increasingly, we have clients looking to 

operate sUAS for aerial video and photography. 

Aerial Photography Operations:

Residential Real Estate

Commercial Buildings

Water Sports (surfing, paddling)

Weddings / Engagements

As part of this HBR DBA MPD is requesting FAA Exemption for sUAS operations 

for photography and video capture usage.

Regulatory Basis for Exemption Request

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an 

exemption is in the public interest. The FAA has imposed a separate requirement in its 

procedural regulations, providing that the petitioner shall explain why granting the 

exemption would not adversely affect safety or how the exemption would provide at least 

an equivalent level of safety as compliance with the underlying regulation. In this case, 

approval of this exemption would advance the public interest by significantly enhancing 

the safety of aerial photography since UAS are utilized under tightly controlled 

conditions, thus ensuring that operations will not have an adverse impact on safety. We 

anticipate that use of sUAS will enhance safety in aerial photography operations. 

Granting an Exemption is in the Public Interest. The safety and efficiency of conventional 

aerial photography (helicopter and fixed wing aircraft) pose significantly more risk than 

unmanned aircraft. 
Granting an Exemption will not Adversely Affect Safety

HBR DBA MPD notes that there is no applicable standard for an equivalency

determination. Some have argued that the appropriate standard is that for model aircraft, 

noting that their operations, if conducted for recreational purposes, would fall completely 

within the allowable operations for model aircraft. We believe it is difficult to argue that 

there is sufficient correlation between model operations controlled by the Academy of 

Model Aeronautics and the ones contemplated by HBR DBA MPD . At the same time, it 

is clear that equivalency cannot be established for traditional, manned civil aircraft 

because the design and use profiles between traditional aircraft and sUAS are simply too 

different. As such, we believe it makes more sense to focus on why the contemplated 

operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. HBR DBA MPD contemplates 

conducting sUAS operations over client owned or controlled land, solely during 

daylight hours, at altitudes well below that which would pose a risk to other aircraft. In 

general, sUAS operations are intended to be conducted in areas distant from both 

congested areas and airports. The nature of operations anticipated by HBR DBA MPD 

requires that the sUAS be flown at relatively low altitudes and relatively low speeds. 

HBR DBA MPD expects that in most instances, the sUAS will be flown less than 75 

feet from the highest structure along the path of the sUAS. Accordingly, the risk of 

interference with another aircraft is minimal. HBR DBA MPD also plans to conduct 

sUAS operations at least five miles from any public airports (including heliports). In the 

event an operation needs to be conducted closer to an airport, HBR DBA MPD will 

inform the airport operator and airport air traffic control tower of the contemplated 

operation and will comply with any directions issued by air traffic control at that airport.

Approval of exemptions allowing commercial operations of sUASs in the aerial 

photography industry will enhance safety by reducing risk. Conventional operations, 

using helicopter and fixed wing aircraft operate at extremely low altitudes just feet from 

the subject being inspected and in extreme proximity to people and structures. Such 

aircraft must fly to and from the inspection site. In contrast, a sUAS weighing fewer 

than 55 lbs. and powered by batteries eliminates virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the 

inspection site. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights.

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including 333 Aircraft Exemption Status exempting the 

applicant from conventional aircraft requirements and allowing commercial
operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a 

controlled environment and, as a result, are far safer than conventional operations conducted 

with turbine helicopters operating in close proximity to the ground and people.

HBR DBA MPD initially intends to use a dedicated staff for sUAS operations. All 

operations will be within visual line-of-sight (i.e., no more than approximately 0.25 

miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC will 

conduct at least three take-offs and landings with the sUAS on which he or she is trained 

every 90 days. PIC’s will establish their qualifications thru a combination	of	aeronautical	

knowledge, UAS	airmanship	skills,	and	verification	through	testing	of	flight	ability	before	

infrastructures	operations have	commenced.	Depending on the type of operation,

additional ground-based visual observers may be employed as well. These observers will 

be within constant visual line of sight and in constant contact with the PIC. The visual 

observers will assist the PIC in avoiding objects near the sUAS.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe 

operation and control of the UAS as described in this application does not depend on the 

type of FAA license held by the PIC. Given the restricted and controlled airspace within 

which operations will take place, the key factors needed by the PIC are knowledge of the 

airspace within which the operation will take place and how that airspace fits into the 

National Airspace System (NAS). That knowledge can be and is gained primarily

through ground school and not through flight training in fixed wing or rotor aircraft, nor 

is it dependent on the acquisition of a commercial or private pilot’s certificate. Those 

certificates demonstrate knowledge of the factors and skills needed for the safe operation 

of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a 

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or 

ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, 

within strictly controlled pre-approved airspace. Besides knowledge of airspace 

regulations, dexterity in the control and operation of the sUAS acquired from actual 

operation of the aircraft is the most important factor in establishing an equivalent level of 

safety.

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant 

issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative to what 

is being used today to accomplish the same mission, and (3) what precautions will be 

taken to ensure the safety of those in the area of operation

Should there be a mishap, the sUAS being flown pose significantly less of a threat than 

the helicopters and fixed wing aircraft now being employed because they are a fraction of 

the size, carry no flammable fuel, do not carry crew or passengers, and pose an 

infinitesimal risk to others. This is in stark contrast to conventional aircraft that are flown

to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger 

area.

From a practical standpoint, there are relatively few licensed full-scale aircraft pilots who 

are also qualified to fly the type of sUAS that are utilized for infrastructure image-
capture operations. There are even fewer commercial pilots that can fly these sUAS – to 

the point that to do both is considered rare. Assuming that it is unlikely for a company to 

find a pilot that has both qualifications, that company would either have to source a 

qualified sUAS pilot to train and obtain a commercial certificate, or find a commercial 

certificated pilot who would be willing to learn to fly a sUAS to the competency level 

required for professional use.

Minimum requirements for the PIC include:

1) A minimum of 200 flight cycles and 25 hours of total time as a sUAS 

rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS 

type (single blade or multirotor);

2) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to 

be utilized for operations under the exemption and 3 take offs and landings in 

the preceding 90 days;

3) Have undergone a qualification process as specified in the Flight Operations & 

Procedures Manual consisting of a knowledge & skill test of the aircraft to be 

used.

Another consideration supporting the certificate requirement is that pilots holding a 

HBR DBA MPD intends to use commercially available sUAS Components for 

sUAS. These sUAS systems will be tested for quality & safety in our test facility

before being deployed to the field. The sUAS is less than 55 lbs. fully loaded, and 

carries neither a pilot nor passenger. We have a routine maintenance schedule to 

verify that the sUAS will remain in safe and operational condition. Please see 

Appendix B, for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In	accordance	with	the	statutory	criteria	provided	in	Section	333	of	PL	112-95	in	

reference	to	49	USC	44704,	and	in	consideration	of	the	size,	weight,	speed,	and	

limited	operating	area	associated	with	the	aircraft	and	its	operation,	we	request	that	

this	aircraft	exemption	meets	the	conditions	of	Section	333.	Therefore,	if	granted	

Section	333	relief	of	14	CFR	part	21,	and	any	associated	noise	certification	and testing	

requirements	of	part	36,	is	not	necessary.
Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two-inch lettering will be impossible. UA	will	be	identified

by	serial	number,	registered	in	accordance	with	14	CFR	part	47,	and	have	identification	(NNumber)	markings	in	accordance	with	14	CFR	part	45,	Subpart	C.	Markings	will	be	as	large	

as	practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

HBR DBA MPD ’s request is based on the fact that no airworthiness certificate will be 

issued for the UAS. HBR DBA MPD ’s UAS will not require an airworthiness 

certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an 

airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard 

Certifications required, the original intent of these regulations was to display an aircraft’s 

airworthiness, certification, and registration documents so they would be easily available 

to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s 

control station,” dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) 

and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests 

Small UASs, 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. Aircraft being considered for use by HBR DBA MPD allow 

the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary

hold). In the event of the student losing control, the UAS Instructor can quickly and via 

alternate equipment (equipment not in the hands of the student) place the aircraft into a 

mode that then allows the instructor to bring the aircraft back into control and back to 

the pre-determined and/or safe landing location.

HBR DBA MPD does not describe training scenarios in which a dual set of controls 

would be utilized or required, i.e. dual flight instruction, provided by a flight instructor 

or other company-designated individual, that would require that individual to have fully 

functioning dual controls. Rather, HBR DBA MPD evaluates the qualification of its 

PICs based on their experience with the UAS to be operated and verifies through testing, 

in lieu of formalized training. As such, HBR DBA MPD does not seek relief from 14 

CFR § 91.109.
HBR DBA MPD Safety Operations & Procedures Overview:

Technology Considerations:

Best-in-class, tried and proven technologies that are in advanced iterations. Software from 

highly-reputable industry partners will include features -

1. Auto descent (landing) if communication signal were to be severed. If the sUAS 

loses communications, the sUAS will have capability to return to a pre-determined 

location within the Security Perimeter and land.

2. Auto descent (landing) if battery were to drop lower than nominal level.

3. Flights will be terminated at 25% battery power reserve.

4. Live video for operator gives real-time positioning feedback. In other words, we 

can monitor the scene from the vehicle's perspective for collision avoidance, and 

to maintain spatial orientation.

5. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain 

vehicle health at all times: speed, altitude, number of GPS satellites (when 

available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and Control (C2) 

link failures occur (highly improbable), vehicle returns automatically to the point of 

launch.

8. Altitude information will be provided to the sUAS pilot via a digitally encoded 

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen 

display. This altitude information will be generated by equipment installed on 

board the aircraft, using GPS triangulation, or digitally encoded barometric 

altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. We will fly line-of-sight (LOS) only. The vehicle will always remain in direct LOS 

to the pilot, thus eliminating the concern of signal severance (flying behind 

objects/walls).

2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries on-site.

6. UA	 operated	 under	 this	 exemption	 will	 be	 marked	 in	 accordance	 with	 14	

CFR	part	45	or	as	otherwise	authorized	by	the	FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for 

operators (pilot, gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for vehicle 

control/communication.

3. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day’s activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing.

4. The operator will obtain the consent of all persons involved in the sUAS operations
and ensure that only consenting persons will be allowed within 100 feet of the 

flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will be obtained.

7. Pilot and observer will have been trained in operation of UAS generally 

and received up-to-date information on the particular UAS to be operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg),

including energy source(s) and equipment. Operations authorized by this 

petition of exemption are limited to the following aircraft described in Appendix 

B. Proposed operations of any other aircraft will require a new petition or a 

petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the operator’s 

manual. All altitudes reported to ATC must be in feet AGL.

4. 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 medical 

certificate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manual included as Appendix C and this petition of 

exemption must be maintained 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 operator’s manual, the conditions 

and limitations herein take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operator’s manual.

The operator may update or revise its operator’s manual. It is the operator’s 

responsibility to track such revisions and present updated and revised documents 

to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment. If the operator 

determines that any update or revision would affect the basis for which the FAA 

grants this petition for exemption, then the operator must petition for 

amendment to their exemption. The FAA’s UAS Integration Office (AFS-80) 

may be contacted if questions arise regarding updates or revisions to the 

operator’s manual.

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition
for safe flight. 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. The Ground Control Station, if utilized, must be 

included in the preflight inspection. All maintenance and alterations must be 

properly documented in the aircraft records.

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 in accordance with the operator’s manual. 

The PIC who conducts the functional test flight must make an entry in the UAS 

aircraft records of the flight. The requirements and procedures for a functional test 

flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

When unavailable, aircraft maintenance/component/overhaul, replacement, 

and inspection/maintenance requirements must be established and identified in 

the operator’s manual. At a minimum, requirements for the following must be 

included in the operator’s manual:

a. Actuators / Servos;

b. Transmission (single rotor);

c. Powerplant (motors);

d. Propellers;

e. Electronic speed controller;

f. Batteries;

g. Mechanical dynamic components (single rotor);

h. Remote command and control;

i. Ground control station (if used); and

j. Any other components as determined by the operator;

10. The Pilot In Command (PIC) must possess at least a legal State drivers 

license.

11. Prior to operations conducted for the purpose of infrastructure inspections, the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS 

type (single blade or multirotor). Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted 

under this petition of exemption to accomplish the required flight cycles and flight 

time. 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.

12. Prior to operations conducted for the purpose of infrastructure inspection, the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51(b), a minimum of five hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and three take-offs and 

three landings in the preceding 90 days. Training, proficiency, experiencebuilding, and take-off and landing currency flights can be conducted under this 

petition of exemption to accomplish the required flight time and 90 day currency. 

During training, proficiency, experience-building, and take-off and landing 

currency 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.

13. Prior to any flight operations authorized by this petition of exemption, the PIC 

and VO must have successfully completed a qualification process, as outlined in the 

operator’s manual. As this is a requirement stipulated by the operator, the test must 

be developed and implemented by a qualified person designated at the sole discretion 

of the operator. A record of completion of this qualification process must be 

documented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight 

demonstration, administered by an operator-approved and -qualified pilot must be 

successfully completed and documented. This documentation must be available for

review upon request by the Administrator. Because the knowledge and airmanship 

test qualifications have been developed by the operator, and there are no established 

practical test standards that support a jurisdictional FAA FSDO evaluation and 

approval of company designated examiners, the petitioner will conduct these tests in 

accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorized and 

consenting personnel, below an altitude that is hazardous to persons or property 

on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual 

has safety mitigations for authorized and consenting personnel. At all times, 

those persons must be essential to the operations.

17. Regarding distance from nonparticipating persons, the operator must ensure that 

no persons are allowed within 500 feet of the area except those consenting to be 

involved and necessary for the infrastructure inspection operations. This provision 

may be reduced to no less than 200 feet if it would not adversely affect safety and 

the Administrator has approved it. For example, an equivalent level of safety may be 

determined by an aviation safety inspector’s evaluation of the infrastructure

inspection area to note terrain features, obstructions, buildings, safety barriers, etc. 

Such barriers may protect nonparticipating persons (observers, the public, news 

media, etc.) from debris in the event of an accident.
18. If the UAS loses communications or loses its GPS signal, the UA must return to 

a pre-determined location within the security perimeter and land or be recovered in 

accordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles 

or emergencies in accordance with the operator’s manual.

20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this petition 

of exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation.

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. The operator must develop procedures to document and maintain a record of 

the UAS maintenance, preventative maintenance, alterations, status of 

replacement/overhaul component parts, and the total time in service of the UAS. 

These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all 

manufacturer Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria 

must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to 

include the following requirement: The preflight inspection must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not covered in 

the relevant preflight inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

28. At least three days before scheduled aerial photography, the operator of the UAS 

affected by this exemption must submit a written Plan of Activities to the local FSDO 

with jurisdiction over the area of proposed infrastructure inspection. 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 infrastructure
inspection operations conducted under this petition 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 infrastructure 

inspection event;

f. A statement that the operator has obtained permission from property 

owners and/or local officials to conduct the infrastructure inspection 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 infrastructure inspection will be 

conducted and the altitudes essential to accomplish the operation.

29. The 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.

30. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.).

31. 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.

32. The UAS may not be operated by the PIC from any moving device or vehicle.

33. 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.

34. The UA may not operate in Class B, C, or D airspace without written approval 

from the FAA. The UA may not operate within 5 nautical miles of the geographic 

center of a non-towered airport as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to 

the Administrator upon request.

35. 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. Further flight 

operations may not be conducted until the incident, accident, or transgression is 

reviewed by AFS-80 and authorization to resume operations is provided.
Support for Petition for Exemption

In accordance with the procedural requirements of 14 C.F.R. §11.81, HBR DBA MPD 

provides the following information:

Contact Information:

Eric West

CEO

Hawaii’s Best Real Estate DBA

Maui Drone Photography

172 Holomakani Place

Kula HI 96790

(808) 298-2030

HawaiisBest1@gmail.com

www.mauiphotographydrone.com

Regulatory Provisions from which HBR DBA MPD seeks an Exemption

HBR DBA MPD believes it may need an exemption from the following 

provisions to conduct the contemplated operations. In some instances, relief is needed 

because relief from another provision renders compliance with the regulation at hand 

infeasible.

333 Aircraft Exemption Status

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)(1)&(2)

14 C.F.R. §91.417(a)&(b)

HBR DBA MPD believes an exemption is only needed from the above-listed 

regulatory provisions. To the extent that the FAA believes that additional relief is 

required for HBR DBA MPD to conduct the operations described here, we request an 

exemption from any such regulatory provisions as well.3

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and will 

require an exemption, HBR DBA MPD believes a separate exemption should not be required for 

§91.417(a).
The Extent of Requested Relief and the Reasons Relief is Needed

Section 333 Aircraft Exemption Status:

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, 

speed, operational capability of the particular UAS, as well as its proximity to airports and 

populated areas. An analysis of these criteria demonstrates that the sUAS operated without 

an airworthiness certificate in the areas and under the conditions contemplated by HBR 

DBA MPD will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the conditions proposed in this 

request.

The UAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates 

exclusively within a secured area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the operator and observer. Operations 

will be conducted in compliance with the FAA and with local public safety requirements to 

provide security for the area of operation as is now done with conventional equipment, 

infrastructure, bridge and out building evaluation. These safety enhancements provide an 

expanded degree of safety to the inspectors over conventional operations. Lastly, application 

of these same criteria demonstrates that there is no credible threat to national security posed 

by the sUAS, due to its size, speed of operation, location of operation, lack of explosive 

materials and inability to carry a substantial external load.

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, this meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the 

particular sUAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and 

conditions proposed.
14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of 

an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

*****

HBR DBA MPD anticipates initially using a cadre of specially trained staff to 

conduct the sUAS operations. While these individuals will not hold commercial pilot 

licenses. The sUAS will not carry property for compensation or hire since they will be 

used solely to take aerial photos and video. However, the risk associated with the 

contemplated operations is less than the risk posed by a traditional aircraft. The sUAS 

will fly at altitudes well below the permissible limits for other civil aircraft, eliminating 

the risk to other aircraft, and within a geographical envelope under the sole control of 

HBR DBA MPD clients. Accordingly, the risk would be limited to HBR DBA MPD 

personnel, who will be appropriately outfitted in safety gear, and HBR DBA MPD 

client’s property on the ground. Requiring a commercial pilot certificate would provide 

no appreciable safety benefit and would needlessly impose additional cost on HBR DBA 

MPD . Because the contemplated operations would not comply with §61.113(b)(1) and 

none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs 

(a) and (b).
14 C.F.R. 91.119(c)

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate 

an aircraft

below the following altitudes:

***

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

*****

HBR DBA MPD submits that the only relief it requires from §91.119 is from 

the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for 

fixed wing operations because asset evaluation conducted at 500 feet or higher is 

insufficiently distinct to be meaningful. Since operations at this altitude also pose a 

heightened risk of collision with another aircraft, safety can only be assured through the 

grant of an exemption. The anticipated rotorcraft operations should be adequately 

addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph 

(a) because an emergency landing of the aircraft due to a power failure will not create an 

undue hazard to persons or property on the surface. As noted in the explanation of why 

an exemption will not adversely affect safety. As such, the risk of injury is minimal. 

HBR DBA MPD does contemplate conducting operations over congested areas, so 

relief is requested from paragraph (b).

14 C.F.R. 91.121

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.”

*****

As the 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, pursuant to the Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric 

data feed, which downlinks from the aircraft to a ground-based on-screen display. This 

altitude information will be generated by equipment installed on board the aircraft, using 

GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any 

combination thereof. Prior to each flight, a zero altitude initiation point will be 

established and confirmed for accuracy by the pilot.
14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin 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.

(b) No person may begin a flight in a rotorcraft 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, to 

fly after that for at least 20 minutes.

*****

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve 

fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could 

run out of fuel in the event it has to be flown to an alternate airport or circle the planned 

airport in the event of unanticipated conditions. HBR DBA MPD does not intend to use 

the sUAS for point-to-point flights and will not operate the sUAS beyond visual line of 

sight. Nor will the sUAS require an airport in order to land. Rather, HBR DBA MPD 

will operate the sUAS using pre-planned flight paths (taking into account weather 

conditions) designed to allow the sUAS to fly to the point of intended landing. As such, 

there is no need for a time-based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the 

sUAS. We believe that a 25% battery reserve is more than sufficient to meet this 

objective.
14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter;

*****

§91.407 Operation after maintenance, preventive maintenance, 

rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone 

maintenance, rebuilding, or alteration unless –

(1) It has been approved for return to service by a person authorized under 

§43.7 of this chapter;

*****

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had __

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by §43.7 of 

this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

*****

§91.417 (a) & (b)

*****

HBR DBA MPD believes that an exemption from these three maintenance 

requirements is appropriate because the FAA has not developed maintenance standards that 

would allow an operator to meet the part 91 maintenance requirements. In particular, there 

are no individuals authorized by the FAA to approve a sUAS for return to service under 

§91.407(a) or to conduct the initial airworthiness and annual return to service inspections 

required by §91.409(a). HBR DBA MPD will maintain the aircraft as instructed in the 

owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it 

has reasonably determined that any needed repairs have been made. However, because of 

the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 

417(a)&(b), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns.

Respectfully submitted,

Eric West CEO

Hawaii’s Best Real Estate DBA Maui Drone Photography
.
Appendix A

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register should the FAA determine that publication is needed.

Petitioner: 

Hawaii’s Best Real Estate DBA

Maui Drone Photography

Sections of 14 C.F.R. Affected: 

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.119(c)

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 

C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 

91.417(a)&(b) to conduct sUAS operations over HBR DBA MPD Client’s owned or 

controlled land, solely during daylight hours, to assist in the safe evaluation and analysis 

of infrastructure and operations. In general, sUAS operations are intended to be 

conducted in areas remote from both congested areas and airports. The nature of 

operations anticipated by HBR DBA MPD requires that the sUAS be flown at relatively 

low altitudes. HBR DBA MPD expects that in most instances, the sUAS will be flown 

less than 75 feet from the highest structure along the path of the sUAS and in no 

instances will be flown higher than 400 feet above the ground. Accordingly, the risk of 

interference with other aircraft is minimal.
Appendix B

Specific	type(s),	make,	and	model
#1 - DJI	Phantom	3

See	Attached Flight	Manuals:

DJI	Phantom	3 User	Manual

NAZA-M_Flight	Control	System_v1.26