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 hereb y applies for an exemption from the listed Federal Aviation Regulations (" FARs") and an y other necessary to allow operation of its small Unmanned Aircraft Sy stems (" s UAS") for Filmmaking, cinematograph y, videograph y, closed

- set motio n picture , Special Events , A erial surveying , Construction site inspection and moni toring, Pu

blic 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 compan y KoleaGold is Maika Motas

. The Chief Technical Officer (CTO) also, co - founder is Kainoa Jimenez. The compan y is a D rone serves established in 2015. The company repairs and upgrades drone equipment. Moving forward in the direction of filmmaking special e vents such as aerial survey s , c onstruction site inspection , and Public support operations , which include education, and search and r escue providing quality and accurate photos

. KoleaGold ’s Unmanned A ircraft V ehicle (UAV) operators have 3 ye ars of experience operating , maintaining, repairing and upgrades on quad

- copters. CTO Kainoa Jimenez has a year of experience in R obotics E ngineering from Orange Coast College in California

. He is working toward a Bachelor’s degree in a Civil E nvironmental E ngineering program at the Leeward Community

College

. CEO Maika Motas has 6 ye ars of experience in videograph y and editing with the non

- profit organization , The Olelo C ommunity Television. Currently enrolled with The Right Flight School on Oahu , He is pursuing his private pilot l ic ense certification

. **KoleaGold will**  **provide advanc**  **ed technologies and increasing efficient solutions to**  **productivity, and effectiveness**  **of high quality**  **imag ing for various**  **commercial ;**  **government; and public entities that benefit t**  **he S**  **tate 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 A ircraft V ehicles operators with potential secured income of successful careers.

**Aircraft:** KoleaGold will operate the DJ I Phantom series of remote control model aircraft. Specificall y the Phantom 3 Advanced/Pro. (Note: All Phantom models are based upon the same airframe and control technology with similar specifications and performance.) And, th e 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/sOperating 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.dji

innovations.com/downloads/phantom_3/jp/Phantom_3_Professional_User_Manu al_v1.0_jp.pdf Inspire 1 Manual http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf
The aircraft below are Unmanned aircraft s ys tems that KoleaGold plan to use in the future for operations and have been approved b y 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 satis fied.

**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 oper ated by Pilot in Command (PI C) and/or Visual Observer (VO).4. Maximum flight time for e ach operational flight will be 22 minutes. Flights will be terminated at 25% battery power rese rve or 18 minutes of flight time whichever occurs first. 5. Flights will be operated at an altitude of no more than 4 00 feet Above Ground Level (AGL) and remain in the line of sight. 6. Minimum crew for each operation will consist of the s UAS 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 (PI C). 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. ( KoleaGo ld 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 PI C and VO will have been trained in operation of UAS and receive up

- to

date information for the particular UAS to be operated. 11. The PI C and VO will be able to communicate by voice, radio, and/or text at all times. 12. If the s UAS loses communi cations with the remote controller or loses GPS signal, the s UAS will have the capability to return to a pre

- determined location within a designated location and land a utonomously

. 13. The s UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies. s UAS has in its program to limit height and distance from PIC. This extra level of safety will be used to meet safet y requirements. 14. Flights will be operated at a lateral distance of least 300 FT from an y 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 appro priate Flight Standards District Office. 17. Contingency

plans will be in place to safel y terminate flight if there is a loss of communication between the pilot and the observer.
**Abort s**  **UAS Flight** Any of the above mentioned flight rules are just causes to canc el flight of s UAS.
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 s ys tems) 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 s UASs into our natio nal airspace s ys tem as it is in the public's interest to do so. KoleaGold lightweight s UASs 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 s UASs are ideal recipients of exemption by the intent of the Reform Act. Considerations for relief include a combination of sUAS phy sical characteristics, safet y 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),

- Tightl y controll ed operation in populated areas.

II Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012 • Ope ration of the s UAS by VLOS. (Visual L ine Of Sight) • Coordination by

a minimum of 2 persons, 2 staff members of KoleaGold and one safet y official from job location. KoleaGold may assign a safety observer if one is not provide or qualified under this docume nt. 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 o f 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 pop ulated areas of the particular s UAS. In all cases, an anal ys is of these criteria demonstrates that the s 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 win g or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.The s UAS to be operated b y 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 othe r civil aircraft, operations under this exemption will be tightly controlled and monitored by both the pilot (PI C), 'spotter' role designated to act as both the remote sensing controller and secondary monitor for safety issues, and a technician, which assi sts in matters related to maintaini ng the s UAS 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 safet y 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 cre dible threat to national security posed b y the s UAS, 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 display ed 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 a pplicable. Even though the s UAS 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 s UAS, 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

- comm ercial operations. Because the s UAS 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 p ilot's license rather than a commercial p ilot's license to operate this s UAS. Unlike a conventional aircraft that carries the pilot and passengers, the s UAS 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 associ ated with the operation of the s UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations as
r equested with a private pilot in the ground crew exceeds the present le vel of safet y achieved b y 14 C.F .R. §61.1 13 (a) & (b). The equivalent level of safety provided by the fact , that neither a pilot nor passengers wil l be carried in the aircraft by the s ize and speed of the aircraft. Enhancing this safety is the technology

inherent in the remote controls utilizing digital communi cations which is paired to the s UAS making it nearly impossible to unintentionally

or intentionally

have the control communicati ons 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 ar e 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 combinat ion thereof . The s UAS, given its size and configuration has no ability to carry a ph ys ical flight manual on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control po int where the pilot flying the s UAS 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 req uires 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 PI C will take all actions including reviewing weather, fli ght battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Further, we have proprietary

manuals created with the help of s UAS experts, the manufacturer, the regional s UAS vendor and policy holding ins urer 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 fu lly

functioning dual controls. UASs and remotel y piloted aircraft, b y their design do not have full y 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 alti tudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that c losely

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. A s set forth herein, the s UAS will never operate at higher than 400 AGL or beyond unaided visual line of sight, whichever is closer. It will however be operated in arestricted area with security officials tasked with ensuring public safety, and where build ings 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 s UAS as well as the location where it is operated. No flight operation w ill be taken without the permission of the property owner in the case of private property or local officials i n the case of public propert y or private propert y 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 flamm able fuel, an y 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 o perations 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 th e 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 safet y will be ac hieved 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 fl y 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 tightl y controlled area where only people and property owners or official representativ es who have signed waivers will be allowed, with less than 30 minutes of reserve power, does not engender the t yp e 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 le vel of safet y can be achieved b y 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 any where in its limited operating area. Simil ar exemptions have been granted to other operations, including Ex emptions 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 s ection 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 m ore than 55lb and is operated without an onboard pilot. As such, ther e 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 fl yi ng the sUAS wil l have immed iate 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 repaire d 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 appl y only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished b y the operator pursuant to the flight manual. An equivalent level of safet y will be achieved because these small UASs are very limited in size and will carry a small payload and operate onl y 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 ex emption granted to Kolea Goldwould permit its operation of lightweight, unmanned, remotely controlled, sUASs in a tightly controlled environment with limited airspace. WRSA utilizes local business' safety officers in specificall y determined areas (designed flight zone) to mitigate injury and property

damage while fulfilling clients' goals. Technical enhancements to current safety c ontrols 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 Transp ortation. 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. § 91.4 05 (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 DJ I phantom 3 and In spire 1, s UAS’s for Filmmaking, cinematography , videography , closed

- set motio n picture , Special Events , A erial 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 exempt ion, KoleaGold has an opportunity to educate our state to be respectful and responsible operators as hobbyist and future pr ofessionals of UAS. Granting KoleaGold request for exemption will reduce current risk levels and ther eb y enhance safet y. Further, Kol eaGold operates at lower altitudes and in controlled airspace. KoleaGold owner have strong ties to its community to affect change if exemption is granted. s UAS's and therefore the likelihood of death or serious bodily injury are significantl y 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 i ntegration into the NAS.
KoleaGold respectfull y requests that the FAA grant s its exemption request without delay

. The FAA has the authority to issue the exemption sought b y KoleaGold pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (th e "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@gmai l.com jimenezman1@yahoo.com