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April 30, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE. Washington, DC 20590

Raymond Palmer Delio

R.P. Delio and Company, Inc.

521 Ala Moana Blvd.

Suite M419

Honolulu, Hawaii 96813

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11 

Dear Sir or Madam: 

R.P. Delio and Company, Inc. (RPD) located at 521 Ala Moana Blvd., M419, Honolulu, Hawaii 96813 and 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 

C.F.R. Part 11, respectfully requests exemptions from several provisions of the Federal Aviation 

Regulations ("FAR"), specifically Section 333 which authorizes the FAA to determine: 

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace system or the public or pose a threat to national 

security; and 

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

We are writing to request that RPD, LLP, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations ("FARs") listed below so that RPD, may operate its 

small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration 

("FAA"); as long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

RPD has been actively involved in the technical development of UAS/ UAV service applications to 

provide high definition aerial photography, aerial surveys, aerial mapping, and aerial inspections with 

small unmanned aircraft and lightweight UAS's. 

The substance of this request is essentially the same as that granted to ASTRAEUS AERIAL Regulatory 

Docket No. FAA-2014-0352 in that RPD is engaged in aerial photograph of structures using similar 

lightweight, remote controlled UAS's in remote areas to minimize the need to climb such structures. 
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RPD has fully equipped each of its small unmanned aircraft for aerial photography, primarily for use in 

the inspection of towers and structures that would otherwise require climbing at great risk to the 

personnel involved, though given the stability and maneuverability, they may be used by law 

enforcement personnel, search and rescue and by other first responders for other photography 

including video. 

RPD exemption request would permit its operation of lightweight, unmanned (remotely controlled in 

line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of 

operation, sectioned off locations will allow RPD to operate within current safety parameters and new 

ones being implemented. As identified, similar lightweight, remote controlled UAS's are legally operated 

by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. 

Granting RPD's request comports with the Secretary of Transportation's (FAA Administrator's) 

responsibilities to not only integrate UAS's into the national airspace system, but to" ... establish 

requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system" 

under Section 333 of the Reform Act. Further, RPD will conduct its operations in compliance with the 

protocols described herein or as otherwise established by the FAA. 

The Extent of Relief RPD Seeks and the Reason It Seeks Such Relief: 

RPD submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334, seeking relief 

from any currently applicable FAR's operating to prevent RPD contemplated commercial inspections, 

research and other flight operations within the national airspace system. The Reform Act in Section 332 

provides for such integration of civil unmanned aircraft systems into our national airspace system as it is 

in the public's interest to do so. RPD lightweight UAS's meet the definition of "small unmanned aircraft" 

as defined in Section 331 and therefore the integration of RPD lightweight UAS's are expressly 

contemplated by the Reform Act. RPD would like to operate its lightweight UAS's prior to the time 

period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform 

Act guides the Secretary in determining the types of UAS's that may operate safely in our national 

airspace system. Considerations include: 

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near 

airports or populated areas; and, Whether the UAS will be operated by line of sight. 

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for RPD. 

RPD UAS's uses multi counter-rotating propellers for extreme balance, control and stability. They each 

typically weigh less than 55 pounds, including camera or other equipment. Each of RPD's small 

unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum 

speed. They are capable of vertical and horizontal operations but operate only within the line of sight of 

the remote control pilot. In addition to the remote control pilot, RPD uses a camera operator, such that, 

at minimum, two RPD personnel govern the safe flight of an RPD aircraft at all times. 

Utilizing battery power and not combustible fuels, flights generally last between five and twenty 

minutes. RPD does not operate its UAS's with less than twenty five percent battery capacity. Safety 

systems in place include a GPS mode that allows RPD UAS's to hover in place if communication with the 

radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity. 
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Further, RPD fleet is programmed, in all instances, to immediately return to a pre-determined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents if communications are lost or loses its GPS signal. 

RPD does not operate its UAS's within 5 nautical miles of an airport reference point denoted on a 

current FAA-published aeronautical chart unless a letter of agreement with the airport’s management is 

obtained, and is conducted in accordance with a NOTAM as required by the operator’s COA. The letter 

of agreement with the airport management will be made available to the Administrator upon request.

RPD operation of its fleet of small unmanned aircraft will not "create a hazard to users of the national 

airspace system or the public." 112 P. L. 95 § 3 3 3 (b). Given the small size and weight of RPD UAS's, 

combined with their operation in cordoned off and well-controlled areas, RPD fleet falls within 

Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding 

directive to integrate UAS's into the national airspace system. Indeed, RPD UAS's have a demonstrable 

safety record and do not pose any threat to the general public or national security. The FAA has the 

authority to issue the exemption to RPD pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as 

amended (the "Act"). 

Commercial and Public Benefits Granting RPD exemption request furthers the public interest. First, 

Congress has already pronounced that it is in the public's interest to integrate commercially flown UAS's 

into the national airspace system, hence the passing of the Reform Act. Second, RPD conducts research 

into safe UAS operations every time it flies one of its UAS's. Flight data, visual inspections, recorded 

observations and flight analyses are compiled to further enhance current safety protocols. Allowing RPD

to log more flight time directly relates to its research and its ability to further enhance current safety 

measures. Third, the public has an interest in reducing the danger associated with current aerial 

inspection methods, namely, resorting to physically climbing high or compromised structures to inspect. 

Granting RPD exemption request substantially furthers the public's interest in ways known and currently 

unknown. Permitting RPD to immediately fly within the United States furthers advancements in publicly 

usable technologies or advancements in equipment available to law enforcement personnel and first 

responders with state of the art equipment that does not cost millions of dollars. 

Reasons Why RPD Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a 

Level of Safety At Least Equal To Existing Rule: 

RPD exemption will not adversely affect safety. Quite the contrary, for the various reasons stated, 

permitting RPD to log more flight time will allow RPD to innovate and implement new and as of yet 

undiscovered safety protocols. 

RPD UAS's weigh less than 55 pounds complete with cameras. 

RPD only operates its UAS's below 400 feet; 

RPD UAS's only operate for 5-45 minutes per flight; 

RPD lands its UAS's when they reach 25% battery power; 

RPD remote control pilots operate RPD UAS's by Visual Line of Sight (VSOL) 
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RPD UAS's have GPS flight modes whereby they hover and then slowly land if communication with the 

remote control pilot is lost or battery power is below 25%;

RPD actively analyses electronic flight data and other sources of information to constantly update and 

enhance safety protocols; 

RPD only operates in secured areas that are strictly controlled, are away from airports and populated 

areas;

RPD conducts extensive briefings prior to flight, during which safety carries primary importance; 

RPD always obtains all necessary permissions and permits prior to operation; 

RPD provides a level of safety at least equal to existing rules, and in nearly every instance, greater than 

existing rules. It is important to note that absent the integration of commercial UAS's into our national 

airspace system, helicopters are the primary means of aerial photography. While the safety record of 

such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS. 

First, the potential loss of life is diminished because UAS's carry no people on board and RPD only 

operates in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus 

the potential for fire or explosions is greatly diminished. Third, the small size and extreme 

maneuverability of RPD UAS's allow our remote control pilots to avoid hazards. Lastly, given their small 

size and weight, even when close enough to capture required images, RPD UAS's need not be so close to 

the objects they are focused on. Accordingly, RPD UAS's have operated and will continue to operate at 

and above current safety levels. 

Summary the FAA may publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, 

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of RPD UAS's 

permits exemption from Part 21 because RPD UAS's meet an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S. C. § 44701 (f)) and 

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

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

proximity to areas such as airports and dense populations. RPD UAS's meet or exceed each of the 

elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or 

passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety 

will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 

10167A, 10602, 10700 and 32827. 
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14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as RPD UAS's utilize electronic 

global positioning systems and internal gyroscopes to provide spatial coordination. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining such certifications and registrations at the RPD flight operations center. 

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to 

be marked according to certain specifications. RPD UAS's are, by definition, unmanned. They therefore 

do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is difficult to place on such small aircraft. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC Pursuant to 14 C.F.R. §§ 61.113 (a) & 

(b), private pilots are limited to non-commercial operations. RPD can achieve an equivalent level of 

safety as achieved by current Regulations because RPD UAS's do not carry any pilots or passengers. 

Further, while helpful, a pilot license will not ensure remote control piloting skills, though RPD pilot 

vetting and training programs (based upon completion of an FAA Approved Ground School and a selfadministered UAS flight training program and internal procedures) will. All Further, the risks attendant 

to the operation of RPD UAS's is far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C. F. R. § 91.119 prescribes safe altitudes for the 

operation of civil aircraft. It allows Helicopters to be operated at lower altitudes in certain conditions. 

RPD UAS's will never operate at an altitude greater than 400 AGL. RPD will, however, operate its UAS's in 

sectioned off areas with security perimeters, providing a level of safety at least equivalent to those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of RPD UAS's, an 

equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited 

Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph C of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter." 

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply 

to RPD should its requested exemption be granted. RPD conducts an extensive maintenance program 

that involves regular software updates and constant inspection for assessment of any damaged 

hardware. Therefore, an equivalent level of safety will be achieved. RPD has researched and developed 

its own designs. 

F. Summary RPD seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 

45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 

14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) 

and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 14 C.P.R.§ 91.409 (a)(2); 

and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and 

lightweight unmanned aircraft vehicles and to conduct its own research and to develop economic 
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platforms for aerial survey, law enforcement , first responders, search and rescue. Granting RPD request 

for exemption will reduce current risk levels and thereby enhance safety. 

Further, RPD operates at lower altitudes and in controlled airspace. RPD has been analyzing flight data 

and other information in compiling novel safety protocols and the implementation of a flight operations 

manual that exceeds currently accepted means and methods of safe flight. There are no people on 

board RPD UAS's and therefore the likelihood of death or serious bodily injury is significantly limited. 

RPD operation of its UAS's, weighting less than 55 pounds and traveling at speeds lower than 50 knots in 

cordoned off areas will provide at least an equivalent level of safety as that achieved under current 

FARs. 

RPD respectfully requests that the FAA grant its exemption request without delay. The FAA has the 

authority to issue the exemption sought by RPD pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), 

as amended (the "Act"). 

By Member

Raymond P. Delio

For: R.P. Delio and Company, Inc. 

521 Ala Moana Blvd., Suite M419, Honolulu, Hawaii 96813

808-518-1345

855-773-3546

Raymond.delio@rpdelio.com