1

Purpose of Request for Exemption

The exemption sought would allow the petitioner, Pueo Communications (owned, operated 

and represented here by Peter Tully Owen), to operate an unmanned aircraft system (UAS) to 

conduct commercial aerial cinematography for the promotion, advertisement and marketing of 

Hawaii tourism, as well as various other businesses and industries in the state of Hawaii. Additionally, 

Pueo Communications proposes to conduct academic/educational and community demonstrations 

for the purpose of promoting the safe, innovative and creative use of UAS.

Precedent

Pueo Communications requests to use the DJI Inspire 1 for aerial imaging. The FAA has previously 

issued Grants of Exemption in circumstances similar in nearly all material respects to those presented 

in this petition. In previous 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 with the specifications 

described by the petitioners, carrying no passengers or crew—rather than a manned aircraft of far 

greater proportions, carrying crew and flammable fuel—gave the FAA good cause to find that the 

UAS operations were in the public interest. Pueo Communications feels that the reasons stated by 

the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 would also reasonably apply 

to the situation presented by this petition. Additionally, we feel that considering the enhanced safety 

features provided by the DJI Inspire 1 (the “No-Fly Zone” feature in particular), as well as the costeffectiveness of small UAS aerial photography, a grant of exemption would be in the public interest.

Peter Tully Owen

Pueo Communications

1025 Kalo Place #1105

Honolulu, Hawaii 96826

Ph: 808-366-4162

Email: petertullyowen@gmail.com

19 April 2015

U.S Department of Transporation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Petition of Pueo Communications (“Petitioner”) for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012

Greetings:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.P.R. Part 11, 

Petitioner, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) identified 

below, to allow commercial operations of small unmanned aircraft and associated elements (“UAS”).
2

Specific Sections of Title 14 CFR for which Exemption is Sought

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates. The size, weight and operational area of 

Pueo Communications’ UAS permits exemption from Part 21 because the UAS meets (and exceeds) 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 

Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and 

proximity to areas such as airports. Pueo Communications UAS 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) As there are no on board pilots or passengers, and given the size of the UAS, this 

Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to 

this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as the UAS utilizes electronic 

global positioning systems and a barometric sensor, with readings transmitted to the the controller.

14 C.F.R. § 91.203 (a) and (b). These are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required certifications and 

registrations by Pueo Communications.

14 C.F.R. § 45.23: Marking of The Aircraft. The aircraft operated will 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 will be as large as practicable.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. The PIC will hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate. The PIC will hold a current 

FAA airman medical certificate or a valid U.S. driver’s license. The PIC will 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.

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 operate at lower altitudes in certain conditions. The 

Inspire 1 firmware will not allow the aircraft to operate at an altitude greater than 400 AGL. Pueo 

Communications will operate its UAS in safe areas away from public and traffic, providing a level 

of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of the Inspire 1 UAS, an equivalent or higher level of safety will be 

achieved.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The abovecited 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. . . .” The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.
3

Description of the Aircraft

Safety Features of the DJI Inspire 1

The Inspire 1 is arguably the most technologically-advanced UAS developed by DJI to date. Below 

are many of the safety features incorporated by DJI in its Inspire design. (Much of this info has been 

re-purposed from DJI’s website, with light editing.) 

NO-FLY ZONES

With its latest firmware update, DJI has incorporated “No-Fly Zones” into the controller application, 

which alerts the PIC when the aircraft is approaching restricted airspace, (such as an airport or other 

sensitive site). The software prevents the AC from entering restricted airspace by taking over the flight 

controls and returning the AC to its home point. Likewise, the new software will not permit the Inspire 

to fly beyond parameters established by DJI, including the 400’ AGL limit. 

MAIN CONTROLLER

This is the “brain” of the entire system, receiving thousands of bits of data every second and translating 

that data into action on-the-fly. The Main Controller tells every part of the Inspire 1 what to do, 

calculates environmental conditions in real-time, and ensures that the aircraft responds to control 

commands instantly.

DUAL OPERATOR CONTROL

With dual controllers, the PIC controls the aircraft, while the second controller acts as camera operator. 

Both remotes receive live data and video straight from the Inspire 1, but only the Master controller 

sends commands to the aircraft. The second controller must be linked to the Master via secure 

password to control the gimbal.

AUTO-TAKEOFF AND LANDING

Takeoff and landing is easier than ever before, with both functions just a tap away. Tap once to takeoff 

and the Inspire 1 will hover and raise its landing gear, ready to start filming. Then tap again to make it 

transform into landing mode and auto land.

Model: DJI Inspire 1

Weight (Battery Included): 2935 g (6.47 lbs)

Hovering Accuracy (P Mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Flight Altitude

4500 m

Max Wind Speed Resistance

10 m/s

Max Flight Time

Approximately 18 minutes

Dimensions

438x451x301 mm
4

POSITIONING

As it flies, the position of the Inspire 1 is constantly updated and recorded using a high-strength, 

intelligent GLONASS + GPS system. This dual positioning system enables higher precision and quicker 

satellite acquisition, allowing the PIC to see where the aircraft is on a live map, and establishing hover 

point when the controls are released. In addition to traditional GPS, GLONASS offers an even greater 

level of precision by providing even more satellites. The Inspire 1 remembers its takeoff point and 

dynamically tracks the controller’s current position, so the Inspire 1 can return to either its take-off 

location or to the controller location at the press of a button.

INERTIAL MEASUREMENT UNIT (IMU)

DJI’s advanced Inertial Measurement Unit (IMU) automatically keeps the Inspire 1 stable and steady 

during flight. The IMU incorporates both a 6-axis gyroscope and an accelerometer to monitor 

minuscule changes in tilt and movement. This allows the aircraft to compensate and adjust 

immediately and automatically, holding its position at all times, without input from the PIC.

ELECTRONIC SPEED CONTROLLERS (ESC) 

Electronic Speed Controllers (ESC) handle communication between the Main Controller and the 

Inspire. ESC tell each motor exactly how fast to spin and how much power to use at all times. In flight, 

each motor moves at its own speed as calculated by DJI’s advanced algorithms.

FAILSAFE

If the Inspire battery runs low or if the connection with the Main Controller is lost, the Inspire 1 

uses its positioning system and smart flight technology to return to its take-off point or to the Main 

Controller’s current position.

INTELLIGENT POWER MANAGEMENT SYSTEM

A fully integrated intelligent battery powers the Inspire 1 and virtually manages itself. When in flight, 

remaining battery power and flying time is shown on the controller screen in real time. Advanced 

algorithms calculate the distance of the aircraft and estimated remaining flight time, alerting the PIC 

when it’s time to return. The battery reports the voltage of each cell, the total lifetime charges and 

discharges, and the overall health and battery status.

How Proposed UAS Operation will be Conducted Safely

Pueo Commutations requests exemption from §§ 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 

photography. 

After careful review of the FAA’s previous Grants of Exemption, Pueo Communications has identified 

the following regulations, requirements and prohibitions to which the company and its operators will 

strictly adhere should a Grant of Exemption be issued: 

❑ The UA will not be operated at a speed exceeding 87 knots (100 miles per hour), and in no 

case will the UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer, DJI. We plan to use the DJI pilot application 

airspeed indicators to determine compliance with the 87-knot speed restriction. 

❑ The UA will be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude will be reported in feet AGL.
5

❑ The UA will be operated within visual line of sight (VLOS) of the PIC at all times. The PIC will 

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.

❑ All operations will utilize a visual observer (VO) and the UA will be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. 

❑ The VO and PIC will be able to communicate verbally at all times, without the aid of electronic 

messaging or texting during flight operations; the PIC will be designated before the flight and 

will not transfer his or her designation for the duration of the flight. 

❑ The Operating Documents will be accessible during UAS operations and made available to 

the Administrator upon request. 

❑ Maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, will require the UA to undergo a functional test 

flight prior to conducting further operations. Functional test flights will only be conducted 

by a PIC with a VO and will remain at least 500 feet from other personnel. The functional test 

flight will be conducted in such a manner so as to not pose an undue hazard to persons and 

property.

❑ The operator will be responsible for maintaining and inspecting the UAS to ensure that it is in 

a condition for safe operation.

❑ Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection will 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 will be prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a condition for safe 

flight.

❑ The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

❑ Any UAS operated under an FAA exemption will comply with all manufacturer safety bulletins.

❑ The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate. 

❑ The PIC will hold a current FAA airman medical certificate or a valid U.S. driver’s license. 

❑ The PIC will 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.

❑ The operator will not permit any PIC to operate unless the PIC demonstrates the ability 

to safely operate the UAS, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. 

❑ PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR 

§ 61.51(b). 

❑ Training operations will only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for flight 
6

operations will be considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

❑ UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

❑ All operations will be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) will not be conducted. 

❑ The UA will 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 Pueo Communications. The letter of agreement with the airport 

management will be made available to the Administrator or any law enforcement official 

upon request.

❑ The UA will 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.

❑ If the UAS loses communications or loses its GPS signal, the Inspire 1 will return to a predetermined location within the private or controlled-access property.

❑ The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

❑ The PIC will be 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 DJI Pilot Application, if greater.

❑ All operations will be conducted in accordance with an ATO-issued COA. Pueo 

Communications will apply for a new or amended COA if it intends to conduct operations 

that cannot be conducted under the terms of a Grant of Exemption issued in response to this 

petition. 

❑ The aircraft operated will 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.

❑ 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 will be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents will be 

made available to the Administrator or any law enforcement official upon request.

❑ The UA will remain clear of and give way to all manned aviation operations and activities at all 

times.

❑ The UAS will not be operated by the PIC from any moving device or vehicle.

❑ All Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

1. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator will ensure that 
7

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,

2. 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.

❑ All operations will 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.

❑ Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. 

❑ Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions 

on the NTSB Web site.

Should you have any questions regarding this petition, please feel free to contact me at 808-366-4162 

or petertullyowen@gmail.com.

Aloha, 

Peter Tully Owen

Pueo Communications