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December 28, 2015

Hoar Holdings, LLC

Charlie Baxley

Associate General Counsel 

Two Metroplex Drive Suite 400

Birmingham, Alabama 35209

cbaxley@hoar.com

Ernest C. Brown, Esq., P.E.

Attorney at Law

Representative for Hoar Holdings, LLC

244 California Street Suite 500

San Francisco, CA 94133

ernestcbrownesq@gmail.com

U. S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W 12-140

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for FAA Section 333 exemption from multiple regulatory provisions to allow the 

use of unmanned aerial systems (UAVs) in land surveying relating to civil and traffic 

engineering.

Dear Sir or Madam:

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

Act) and 14 C.F.R. Part 11, Hoar Holdigns, LLC, Two Metroplex Drive Suite 400, 

Birmingham, AL 35209 (Hoar), hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft 

Systems (“sUAS”) for aerial imaging for safety and monitoring of secured and controlled 

construction project sites and marketing promotions, so 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.

The requested exemption would permit the operation of sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would 

provide safety enhancements to the already best practices safety protocols followed by Hoar at 

each one of its project sites. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Hoar Holdings, LLC

Two Metroplex Drive, Suite 400

Birmingham, Alabama 35209
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The make and model of the aircraft for proposed operations is:

Manufacturer: DJI

Model: Phantom 2 Vision +

Serial No. 

PH645451720

PH645508558

PH636148212

PH645220493

Dimensions 

13 in. x 13 in. x 8 in. 

Takeoff Weight

1242g

Supported Battery

DJI 5200mAh LiPo Battery

Hover Accuracy 

Vertical: 0.8m; Horizontal 2.5m

Max Wind Speed 

15m/s

Max Ascent/ Descent Speed 

Ascent: 6m/s; Descent 2m/s

Remote Control Operating Frequency

5.728 GHz-5.85 Ghz

Communication Distance (open area)

800m when FCC Compliant; 400m when CE Compliant 

Transmitter Power

100mW FCC Compliant; 25mW CE Compliant

Power Consumption

2W
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Manufacturer: DJI

Model: Phantom 3 Professional 

Serial No. 

P76DCE19011871

P76DCG13016584

P76DCF19013372

P76DCF28017213

P76DCF29016910

Dimensions 

16 in. x 16 in. x 8 in. 

Takeoff Weight

1280 g

Supported Battery

DJI LiPo 4s

Hover Accuracy 

Vertical: +/- 0.1m Horizontal: +/- 1.5m

Max Wind Speed 

16m/s

Max Ascent/ Descent Speed 

Ascent: 5m/s; Descent 3m/s

Remote Control Operating Frequency

2.400 GHz-2.483 GHz

Communication Distance (open area)

Up to 5km when FCC Compliant; Up to 3.5 km when CE Compliant 

Transmitter Power

FCC: 20 dBm; CE: 16 dBm

Max Charging Power

100W

Max Flight Time 

Approximately 23 minutes 
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Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.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

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) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this 

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether 

sUAS may operate in the National Airspace System (NAS) without creating a hazard 

to the user, the public, or a threat to national security. If the Secretary determines that a 

sUAS “may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system.” Id. 

§333(c).

Hoar’s UAVs have a takeoff weight of less than 10 lbs (as specified by the 

manufacturer it is approximately 2.74 lbs. for the Phantom 2 and 2.8 lbs. for the Phantom 3). 

They operate under normal conditions at a speed of no more than 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS 

will operate only in the Pilot’s visual line of sight at all times and will operate only directly 

above uninhabited open ground or over buildings where no one is on the roof. Such 

operations will insure that the sUAS will “not create a hazard to users of the national 

airspace system or the public.” Reform Act Section 333 (b).
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Given the small size of the sUAS involved and the restricted and sterile 

environment within which they will operate, our application falls squarely within the zone 

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, 

by exemption, allow commercial operations of sUAS to commence immediately. Also due 

to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS 

will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding 

the proposed operations, and the significant public benefit, including enhanced safety, the 

grant of the requested exemptions is in the public interest. Accordingly, Hoar respectfully 

requests that the FAA grant the requested exemption without delay.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation 

to consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress’s intent of allowing UAS to operate with significant 

safety precautions in low risk environments.

The use of sUAS to photograph and survey open land or to keep track of daily 

progress on a project site can significantly reduce the risk to workers of falls while

inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, 

and collect data on hard to get to areas that otherwise would require climbing of steep 

hillsides and placing workers at risk for various elevated or difficult to reach 

inspections. Falls are a leading source of workplace fatality and injury on 

construction sites1, and reducing falls on steep, wooded, unsteady or unsecure ground 

areas through sUAS use for site imaging could save workers lives and prevent serious 

injuries. Due to the very early hours of worker arrival and relatively early hours of 

worker departure, the active project sites can be surveyed after work hours, but 

before sunset.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor 

sites. The sUAS we propose to fly in this application are less than ten pounds, and carry no 

combustible material on board, as opposed to the much larger conventionally powered small 

aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our 

workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the 

energy used for aerial imaging and data collection over a project site. Our sUAS use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small 

aircraft that are many hundreds of times heavier.

 

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“Commonly Used Statistics”, Occupational Safety & Health Administration. Available at: 

https://www.osha.gov/oshstats/commonstats.html
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III. EQUIVALENT LEVEL OF SAFETY

Hoar proposes that the exemption requested herein apply to sUAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide 

for at least an equivalent or even higher level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe protocols followed on project sites and imaging and surveying operations 

conducted with helicopters and other conventional aircraft.

Hoar will be bound by the following limitations when conducting its sUAS 

operations under an FAA issued exemption:

1.The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The 

UAS calculates battery reserve in real time, and will return to its ground 

station with at least 20% battery power reserve should that occur prior to the 

30 minute limit.

4. Flights will normally be operated at an altitude of 300 feet AGL, never 

exceeding 400 feet AGL.

5. Any site within 5 miles of an airport will not be flown without notification and 

approval of the local FAA Flight Standards District Office (FSDO) and 

airport controller.

6.Crew for each operation will consist of the sUAS Pilot who will keep the 

sUAS within his visual line of sight at all times.

7.The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed 

in FAA bulletins and industry training programs. The operator shall be a trained and 

experienced drone pilot meeting the rules of the FAA that exist or may be modified at 

the time of the respective flights.

8.The sUAS will only operate within a confined zone which will require the 

establishment of a “Security Perimeter” for the flight operations area.

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

each day’s production activities. It will be mandatory that all personnel who will 

be performing duties within the boundaries of the safety perimeter be present for 

this briefing.

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the 

operator will obtain additional verbal or written consent of all persons who will 

be allowed within 100 feet of the flight operation.

11. Pilot will have been trained in operation of UASs generally and received up-todate information on the particular UAS to be operated in accordance with then 

industry approved guidance and standards.

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

13. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies.
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14. Where required, there will be communication and scheduling of the flights with 

appropriate ATC personnel sufficiently far in advance to allow deliberate and 

considered evaluation and implementation of the request.

15. If the sUAS loses communications or loses its GPS signal, it will have capability to 

enter “loiter mode” and hover, reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 FR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 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 the Pilot operating the aircraft to have (1) 

completed a sUAS flight training course of 50 hours before flying a sUAS and (2) a Sport Pilot 

certificate. The FAA has previously acknowledged in prior grants of exemption under Section 

333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA 

could not waive the requirement for an FAA-issued pilot’s license. A Sport Pilot certificate 

addresses the FAA’s requirement that the Pilot in command have the requisite training and 

understanding of the National Airspace System, and also ensures that the Pilot is registered 

with the FAA and will not pose a risk to national security. The Sport Pilot certificate also does 

not require the Pilot to undertake the additional cost and time of additional manned aviation 

flight time that the Private Pilot’s license requires and which will not translate to skill or 

competency operating the sUAS.

Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS isremotely controlled with no living thing or cargo on board.

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured area as set out in the Manual. Like other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator, 

pursuant to the Manual’s requirements, and under the requirements and in compliance with 

local public safety requirements, to provide security for the area of operation as is currently 

done on active surveying and construction sites. The FAA will have advance notice of all 

operations that will be within the applicable ranges of airports, as specified by the FAA.

The risks associated with the operation of the sUAS are therefore diminished from 

the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, and allowing operations of the sUAS as requested with a Pilot who has met the 

minimum requirements stated in this application achieves the level of safety

contemplated by 14 C.F.R. §61.113 (a) & (b).
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14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Pilot will 

take separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, and all other actions in 

industry guidelines and standards.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 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. This exemption is for a multirotor craft that flies similarly to a 

helicopter, with vertical takeoff and vertical landing, which will typically operate at 

altitudes of 300 AGL, so an exemption may be needed to allow such operations. The sUAS 

will never operate at altitude higher than 400 AGL and will be in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent.

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 will be taken without the permission of 

the property owner or local officials. Because of the advance notice to the property owner and 

any onsite personnel, all affected individuals will be aware of the planned flight operations. 

Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 10 

lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude 

operations of the sUAS will ensure separation between sUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising 

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

an appropriate altimeter setting available before departure.” As the sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the Manual and 

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR 

conditions. Our sUAS is limited to operations in sterile and controlled environments as 

outlined in the Manual, and has a limited range and flight time which require an exemption 

from 14 CFR 91.151(a).
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The battery powering the sUAS provides approximately 35 minutes of powered flight. 

To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 5 minutes in length. Given the limitations on the sUAS’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer 

time frame for flight in daylight conditions is reasonable.

Hoar believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with FAR 91.151 (a)). Operating the small sUAS, 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 fuel, does not engender 

the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of 

the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or 

enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% 

of battery power (as determined by the onboard monitoring system and the Pilot), whichever 

happens first. This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808.

14 CFR 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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Hoar. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because these small sUAS 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 sUAS can land immediately and will be operating from no higher than 400 feet 

AGL. As provided in the Manual, the Pilot will ensure that the sUAS is in working order prior 

to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the Pilot 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.
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V. SUMMARY

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

in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 

14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 

91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 

91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle 

(55lbs or less) in construction operations.

Approval of exemptions allowing commercial operations of sUAS in the areal

photography, surveying and construction industry enhances safety while reducing risk. 

Manned aircraft monitoring and surveying creates a greater risk because the craft are much 

larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk 

given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry 

no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights.

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict 

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

the exemptions requested herein, including exempting the applicant from the requirements 

of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to 

the ground and people.

VI. PRIVACY

All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Images taken will be of individuals who have 

also consented to being filmed or otherwise having agreed to be in the area where aerial 

photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, controlled operating environment and operation within 

visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant’s sUAS in the 

aerial photography, surveying and construction inspection and monitoring industry. 
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Sincerely,

Ernest C. Brown, Esq., P.E.

Representative