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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 Regulati ons (“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) contro lled as to access and 4) would provide safety enhancements to the already best practices safety protocols follow ed 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 352092

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

Com munication Distance (open area) 800m when FCC Compliant; 400m when CE Compliant

Transmitter Power 100mW FCC Compliant; 25mW CE Compliant

Po wer Consumption

2W3

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

16 m/s

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

Remote Control Operating Frequency

2.400 GHz

- 2.483 GHz

Com munication 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

100 W

Max Flight Time Approximately 23 minutes4

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, i ncluding 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

sU AS 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 estab lish 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 P ilot’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 syste m or the public.” Reform Act Section 333 (b).5 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 l evel 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, app roval 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 operat ions, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the publ ic 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 th e 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 sites 1 , 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 t he 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 h undreds of times heavier.

1 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at: https://www.osha.gov/oshstats/commonstats.html6

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 rep resent 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

op erations 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 r eal 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 m ay 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 sUA S 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 o n 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

- to

date 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 territoria l, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.7 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 pre

determined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIO NS

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 sU AS 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 n ot 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 s kill 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 mon itored 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 commerc ial 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).8 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 prescrib ed 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 oper ations. 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 wi ll 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 onsi te 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 air craft 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 a ltitude 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).9 The battery powering the sUAS provides approximately 3 5 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 operatio ns 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 Corporatio n 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 fue l, 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.

A n 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, 1 0673, 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 appl y 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

A GL. 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.10

V. SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it b e 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 ri sks 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, inc luding 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 opera tions 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 indivi duals 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 photogra phy, surveying and construction ins pection and monitoring industry.11 Sincerely,

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