Date: September 18, 2015 

Maika Motas CEO, Co-founder of KoleaGold

Kainoa Jimenez CTO, Co-founder of KoleaGold

Address 92-715 Nohopaa Street. Kapolei HI 96707

Phone 

808.551.1640 (Maika)

808.358.8891 (Kainoa)

Email:

maikamotas@gmail.com

jimenezman1@yahoo.com

Re: Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the

Federal Aviation Regulations, Seeking Exemption from:

14 C.F.R. Part 21 Subpart H

14 C.F.R. § 21.191(a)

14 C.F.R. § 45.23(b)

14 C.F.R. § 45.27

14 C.F.R. §§ 61.113(a) and (b)

14 C.F.R. § 91.l 19(c)

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a)

14 C.F.R. § 91.405(a)

14 C.F.R. § 91.407(a) (l)

14 C.F.R. §§ 91.409(a) (l) and (2)

14 C.F.R. §§ 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. Part 11, KoleaGold hereby applies for an exemption from the listed Federal 

Aviation Regulations (" FARs") and any other necessary to allow operation of its small 

Unmanned Aircraft Systems ("sUAS") for Filmmaking, cinematography, videography, 

closed-set motion picture, Special Events, Aerial surveying, Construction site inspection 

and monitoring, Public Entity Support Operations, Education, Search and Rescue.

KoleaGold plans on using the sUAS to provide quality, accurate photos of ongoing projects, 

including airfield improvements, construction sites, and public facility improvements. Further, 

airfield photos are required for our Part 139 certification services to Hawaii airports as well as our

planning services for an Airport-Wide Safety Management System (SMS) Implementation 

throughout the state of Hawaii.
Description of Petitioner

The Chief Executive Officer (CEO), and co-founder of the company KoleaGold is 

Maika Motas. The Chief Technical Officer (CTO) also, co-founder is Kainoa Jimenez.

The company is a Drone serves established in 2015. The company repairs and upgrades 

drone equipment. Moving forward in the direction of filmmaking special events such as 

aerial surveys, construction site inspection, and Public support operations, which include 

education, and search and rescue providing quality and accurate photos. KoleaGold’s

Unmanned Aircraft Vehicle (UAV) operators have 3 years of experience operating, 

maintaining, repairing and upgrades on quad-copters. CTO Kainoa Jimenez has a year of

experience in Robotics Engineering from Orange Coast College in California. He is 

working toward a Bachelor’s degree in a Civil Environmental Engineering program at the

Leeward Community College. CEO Maika Motas has 6 years of experience in 

videography and editing with the non-profit organization, The Olelo Community

Television. Currently enrolled with The Right Flight School on Oahu, He is pursuing his 

private pilot license certification. KoleaGold will provide advanced technologies and 

increasing efficient solutions to productivity, and effectiveness of high quality 

imaging for various commercial; government; and public entities that benefit the 

State of Hawaii and the communities.

KoleaGold strive in creating a pathway for future generations by educating young 

students in the industry; becoming responsible and safe Unmanned Aircraft Vehicles

operators with potential secured income of successful careers. 

Aircraft:

KoleaGold will operate the DJI Phantom series of remote control model aircraft. 

Specifically the Phantom 3 Advanced/Pro. (Note: All Phantom models are based 

upon the same airframe and control technology with similar specifications and 

performance.) And, the DJIInspire1. 

UAS Model Specifications 

Phantom 3 Inspire 1

Weight (w/ Batt. And Props) 1280 g 2935 g 

Diagonal Size (motor-motor) 350mm 581mm 

Max Ascent Speed 5 m/s 5 m/s 

Max Descent Speed 3 m/s 4 m/s 

Max Speed 16m/s 22m/s 
Operating Temperature 0°C - 40°C 0°C - 40°C 

Operating Freq. Band 2.4GHz 2.4GHz 

Battery 4480 mAh 4500 mAh u

Manufacturers Operating Manuals: 

Phantom 3 Advanced/Pro Manual 

http://download.djiinnovations.com/downloads/phantom_3/jp/Phantom_3_Professional_User_Manu

al_v1.0_jp.pdf 

Inspire 1 Manual 

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf 

The aircraft below are Unmanned aircraft systems that KoleaGold plan to use in the 

future for operations and have been approved by other exemption holders and are as 

Follows: 

Aircraft Previously Approved Exemption Number 

S800, S1000 11401 

S900 11256 

KoleaGold

PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant 

factors are satisfied.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within the visual line of Sight (VLOS).

3. Flights will be operated by Pilot in Command (PIC) and/or Visual Observer (VO).
4. Maximum flight time for each operational flight will be 22 minutes. Flights will 

be terminated at 25% battery power reserve or 18 minutes of flight time 

whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and remain in the line of sight.

6. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer (VO) and may include but not limited to a Camera Operator.

7. The UAS pilot will be a designated Pilot in Command (PIC). Responsible for 

preflight check.

8. A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight.

9. The flights will occur no closer than a 5 mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport. (KoleaGold may have short flights for projects near airports with proper 

NOTAM’s in place submitted by airport operator ahead of time for scheduled 

inspection and weather permitting a safe operation and air traffic conditions.) If 

operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight 

duration, elevation of flight and other pertinent information.

10. The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated.

11. The PIC and VO will be able to communicate by voice, radio, and/or text at all 

times.

12. If the sUAS loses communications with the remote controller or loses GPS signal, 

the sUAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously.

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

obstacles, weather, or emergencies. sUAS has in its program to limit height and 

distance from PIC. This extra level of safety will be used to meet safety 

requirements.

14. Flights will be operated at a lateral distance of least 300 FT from any inhabited 

structures, buildings, vehicles or vessels, or from people not associated with the 

operation who have not given permission in advance of the operation.

15. Local Authorization will be obtained prior to flight.

16. The operator will coordinate all flights with the appropriate Flight Standards 

District Office.

17. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the pilot and the observer.

Abort sUAS Flight

Any of the above mentioned flight rules are just causes to cancel flight of sUAS.

I The Extent of Exemption from which KoleaGold Seeks and the Reason It Seeks 

Such Relief: 
The Application is being submitted by KoleaGold in accordance with the Reform 

Act, 112 P.L. 95 §§331- 334, seeking relief from any currently applicable federal 

aviation regulations PARs pertaining to sUAS (small unmanned aircraft systems) and 

operating to prevent KoleaGold plans on using the sUAS to provide quality, accurate 

photos and 3D mapping of ongoing projects, including airfield improvements, construction 

sites, and public facility improvements. Further, airfield photos are required for our Part 139 

certification services to Hawaii airports as well as our planning services for an Airport-Wide 

Safety Management System (SMS) Implementation throughout the state of Hawaii.

The Reform Act in §332 provides for such integration of civil sUASs into our 

national airspace system as it is in the public's interest to do so. KoleaGold

lightweight sUASs meet the definition of "small unmanned aircraft" as set forth in 

§331 and combined with a sterling safety record in similar industries, KoleaGold light 

duty sUASs are ideal recipients of exemption by the intent of the Reform Act. 

Considerations for relief include a combination of sUAS physical characteristics, 

 safety features, and safe practices identified in §333: 

• sUAS weight, 

• sUAS overall size, 

• sUAS speed over ground, 

• sUAS flight zone characteristics, - Non-operation near airports (civilian or military), 

- Tightly controlled operation in populated areas.

II Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

• Operation of the sUAS by VLOS. (Visual Line Of Sight)

• Coordination by a minimum of 2 persons, 2 staff members of KoleaGold and one 

safety official from job location. KoleaGold may assign a safety observer if one is not 

provide or qualified under this document.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated sUASs, an exemption from Part 21 Subpart 

H meets the requirements of an equivalent level of safety under Part 11 and §333 of the 

Reform Act. 1l1e Federal Aviation Act (49 U.S.C.§4470 1 (f)) and §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 sUAS 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. 
The sUAS to be operated by KoleaGold is less than 55 lb. with maximal payload 

consisting of remote sensing instrumentation, Cameras and carries neither person, carries 

no explosive or flammable materials including combustible fuels, and operates 

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

exemption will be tightly controlled and monitored by both the pilot (PIC), 'spotter' role 

designated to act as both the remote sensing controller and secondary monitor for safety

issues, and a technician, which assists in matters related to maintaining the sUAS and 

also monitors for safety concerns and liaisons to the on-site safety officials. These 

enhancements to current safety practices and regulations, which already apply to civil 

aircraft, provide a greater degree of safety to the public and property owners than 

conventional aircraft operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that 

there is no intrinsic credible threat to national security posed by the sUAS, due to its size, 

speed of operation, location of operation, lack of intrinsic explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. §45.23 (b). Marking of the Aircraft The regulation requires: When marks 

include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally

certificated aircraft, the operator must also display on that aircraft near each entrance to 

the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches 

high, the words "limited;' "restricted;' "light-sport;' "experimental;' or "provisional;' as 

applicable. Even though the sUAS will have no airworthiness certificate, an exemption 

may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word "Experimental" can be placed. Given the size of the sUAS, two-inch 

lettering will be impossible. The word "Experimental" will be placed on the frame in 

compliance with §45.29 (f) at a size suitable for the available space.

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 private 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.F.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. §91.103: 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 insurer and continue to work with these 

organizations to ensure best safe practices are adhered to.

14 C.F.R. §91.109: Flight instruction §91.103 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. UASs 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 pre-obtained consent 

and training. The equivalent level of safety will be achieved given the size, weight, speed 

of the 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 in 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 KoleaGold sUASs 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.

14 C.F.R. §9 1.15l (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. KoleaGold 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 9l.l51(a) was intended to alleviate given the 

size and speed of the small UAS. KoleaGold 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.F.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.F.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 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...' 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 not 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 UASs 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 UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS 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 airworthy condition to provide the 

equivalent level of safety. 

An exemption granted to KoleaGoldwould permit its operation of lightweight, unmanned, 

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

WRSA 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 KoleaGold to operate 

exceeding current safety specifications, and stay ahead of, or meet, new ones being 

implemented by the FAA and Department of Transportation. Further, KoleaGold

conducts its operations in compliance with protocols described herein or as otherwise 

established by the FAA.
Summary

KoleaGold. 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 DJI phantom 3 and 

Inspire 1, sUAS’s for Filmmaking, cinematography, videography, closed-set motion 

picture, Special Events, Aerial surveying, Construction site inspection and monitoring, 

Public Entity Support Operations, Education, Search and Rescue. KoleaGold plans on using 

the UAV to provide quality, accurate photos of ongoing projects, including airfield 

improvements, construction sites, and public facility improvements. Further, airfield photos are 

required for our Part 139 certification services to Hawaii airports as well as our planning services 

for an Airport-Wide Safety Management System (SMS) Implementation throughout the state of 

Hawaii. KoleaGold will offer community education to change the present and change the 

future. If KoleaGold is granted exemption, KoleaGold has an opportunity to educate our 

state to be respectful and responsible operators as hobbyist and future professionals of 

UAS. Granting KoleaGold request for exemption will reduce current risk levels and 

thereby enhance safety. Further, KoleaGold operates at lower altitudes and in controlled 

airspace. KoleaGold owner have strong ties to its community to affect change if 

exemption is granted. sUAS's and therefore the likelihood of death or serious bodily

injury are significantly limited. 

In closing Drone Services Hawaii LLC Exemption #12675 helped educate and developed 

Petition for exemption for KoleaGold 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.

KoleaGold respectfully requests that the FAA grants its exemption request without delay. 

The FAA has the authority to issue the exemption sought by KoleaGold pursuant to the 

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

Maika Motas CEO, Co-founder of KoleaGold

Kainoa Jimenez CTO, Co-founder of KoleaGold

Address 92-715 Nohopaa st. Kapolei HI 96707

Phone 

808.551.1640 (Maika)

808.358.8891 (Kainoa)

Email:

maikamotas@gmail.com

jimenezman1@yahoo.com