James P. Hoeffler, Crosswind Films, LLC

Section 333 Exemption Petition

U. S. Department of Transportation Docket Management System 

1200 New Jersey Ave, SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 

14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103(b); 14 CFR 91.109; 14 CFR 

91.119, 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a)&(b); 14 CFR 

91.405(a); 14 CFR 91.407(a) (1); 14 CFR 91.409(a) (2); 14 CFR 91.417(a)&(b).

Dear Sir or Madam,

 I, James P. Hoeffler, an FAA licensed pilot, am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 

11, to request that I, James P. Hoeffler, an owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so 

that I, James P. Hoeffler, may operate my small ultra light weight unmanned aircraft 

system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”).

 As described herein I, James P. Hoeffler, am an owner of the photographic company, 

Crosswind Films, LLC, within the State of Alaska; experienced in flying hobby

helicopters and aircraft for recreational purposes. I, James P. Hoeffler, have held an FAA 

private pilots license, Certificate Number 2696258 with an ASEL rating, since 28 

January, 1997. I have since added the ASES (11 July, 2002), and Rotorcraft (06 January, 

2011) ratings to my certificate. 

 I have owned and flown hobby grade Quadcopter UAS’s for several years. I intend to 

use my DJI Phantom 2 Vision + Version 3 and the DJI Inspire I Quadcopters for aerial 

filming utilizing video and still images of: Real Estate Properties for sale, structures for 

mechanical and structural integrity, filming of commercial structures and activities for 

advertising purposes, as well as natural scenery and layouts for aerial mapping and 

enjoyment.

 I, James P. Hoeffler, am committed to safety with each flight. My exemption request 

would permit operation of ultra light weight, unmanned (piloted by remote control) and 

comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Exempted 

flights will be performed in areas away from general public, airports, heliports and 

vehicular traffic for filming videos and still photography, unless permission has been 

sought and granted from Airport authorities or other property owners who have been 

advised of the risks. Currently, similar lightweight, remote controlled UAS's are legally

operated by unmonitored amateur hobbyists with no safety plan or controls in place to 

prevent an incident. Crosswind Films, LLC will utilize safety protocols and controlsto 

avoid and prevent public hazards, as well as manned aircraft/UAS interactions. This will 
act to further safety protocols exclusive to lightweight UAS's specific to commercial 

video and photography, and mapping usage as I, James P. Hoeffler, record flight data and 

other information gained through permitted flight operations to share with the FAA 

through any required FAA reports to assist with future protocol and safety regulation.

Granting my request is in compliance with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority 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(c) of the 

Reform Act specific to the use of UAS's for real estate/Realtor purposes. Further I, James 

P. Hoeffler, will conduct my operations in compliance with the protocols described 

herein or as otherwise established by the FAA.

 For the reasons stated below I, James P. Hoeffler, respectfully request the granting of 

an exemption allowing me to operate ultra light weight, remote controlled UAS’s for 

commercial purposes which will enhance the video and photographic business offerings 

of Crosswind Films, LLC. All of which will promote local economic growth through 

increased employment and an increased tax base. This will all be done with public safety 

in mind.

I. Contact Information:

James P. Hoeffler

Crosswind Films, LLC

4805 Fairmont Rd

Anchorage, AK 99516

(907) 360-5948

jph1960@yahoo.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From

Which James Hoeffler Requests Exemption are:

14 CFR 21, 14 CFR 45.23 (b), 14 CFR 61.113 (a) and (b), 14 CFR 91.7 (a), 14 CFR 91.9 (b) (2), 14 CFR 

91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 (a) and (b), 

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (1) and (2), 14 CFR 91.417 (a) and (b).

III. The Extent of relief James P. Hoeffler seeks and the Reason He Seeks Such 

Relief:

 I, James P. Hoeffler, submit this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to 

prevent me, James P. Hoeffler, from pursuing contemplated commercial cinematic, 

academic 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. My ultra light weight 

UAS’s meet the definition of “small unmanned aircraft” as defined in Section 331 and 

therefore the integration of my ultra light weight UAS’s is expressly contemplated by the 

Reform Act. I would like to operate my ultra light weight UAS’s prior to the time period 
by which the Reform Act requires the FAA to promulgate rules governing such craft. 

Thereby, providing direct experience and valuable information for formal regulation that 

can be administered uniformly to related UAS aerial video, photography, and 

topographical mapping. 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's; Whether the UAS will be 

operated near airports or heavily populated areas; and, whether the UAS will be operated 

by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an 

exemption for me, James P. Hoeffler. My UAS’s utilize four (4) counter-rotating 

propellers for balance, control and stability. My UAS’s are equipped with GPS and auto 

return safety technology. My UAS’s weigh less than 4 pounds (DJI Phantom 2 Vision +) 

and less than 7 pounds (DJI Inspire I), far below the maximum 55 pound limit; including 

camera with gimbal.

 I, James P. Hoeffler, consider safety foremost with each flight. My small unmanned 

aircraft is designed to hover in place via GPS. Built in safety systems include a GPS 

mode that allows my UAS’s to hover in place when radio controls are released. Further, 

the software within my UAS’s will not allow it to fly within airspace that is near a major 

airport and this restricted airspace is constantly being updated via firmware from the 

manufacturer, DJI. To further prevent flying in restricted airspace or crowded airspace I 

consult a current sectional before each flight. When pilot communication is lost, this and 

future UAS’s are designed to slowly return to home and descend to the ground, then 

automatically shut down operation. I do not operate my UAS near airports without 

permission, and do not operate near areas where general public safety is a concern. I am 

constantly on alert for any manned aircraft in my vicinity, and I am prepared to land/abort 

immediately to the nearest and safest ground point should a manned aircraft approach my 

location or I suspect manned aircraft may approach near my location. My UAS’s are

capable of vertical and horizontal operations, and are flown only within my line of sight. 

Utilizing battery power rather than combustible fuels, flights generally last between ten 

(10) to twenty (20) minutes, with an altitude under one hundred fifty (150) feet AGL. I 

utilize a fresh fully charged battery with each flight as a safety precaution; full flight time 

limit for each battery is twenty two (22) to twenty five (25) minutes as tested. I do not 

operate my UAS at or below manufacturer recommend minimum charge levels for 

operation; preferring to remain well within a safe operating range to insure adequate 

communication between radio control and UAS to reduce potential for problems. 

Reserve batteries are at hand with each exercise to insure replacement for sufficient safe 

level of operation. I do not take risks that may cause a crash, that could create a hazard to 

the public, property, or manned aircraft, and have no desire to lose my investment. I have 

clocked numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of these specific 

UAS's performance under different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and response time. All of these 

practices are performed to ensure safety.

 I take extreme caution when operating my UAS/ultra light weight unmanned aircraft 

and will not “create a hazard to users of the national airspace system or the public.” 112 

P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well 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. James P 

Hoeffler’s UAS’s, used in hobby flight, have demonstrated a perfect safety record and 

have not posed any threat to the general public or national security.

IV. How James P. Hoeffler’s Request Will Benefit the Public As A Whole:

Aerial photography and videography for geographical awareness and for real estate 

marketing has been around for a long time through manned fixed wing aircraft and 

helicopters. For small budget real estate companies and average homeowners the expense 

of such aerial videography is cost prohibitive. Only large companies and high end 

Realtors or luxury homeowners can afford to absorb such expenses. Depriving nonluxury homeowners and lower budget Realtors from a valuable marketing tool. Manned 

aircraft pose a threat to the public through catastrophic crashes during flight at low levels 

and low speeds. Many manned aircraft both fixed wing and helicopters have made 

emergency and hard landings within our city limits. These craft carry combustible fuel 

that can start life threatening fires. My, James P Hoeffler’s, UAS’s pose no such threat 

since size and lack of combustible fuel alleviates any potential threat to the public. 

Additionally, the low operational altitude minimizes the potential for a mid air collision.

My ultra light weight UAS’s are battery powered and create no emissions that can harm 

the environment. The consequence of my ultra light weight UAS crashing is far less than 

a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel 

and can cause catastrophic devastation to the public.

 Permitting me, James P Hoeffler, to immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially furthers the positive 

economic impact for the community and for companies looking to relocate or build in the 

Anchorage metro area or other areas as well as individuals looking to relocate for career 

advancement through academic and geographical awareness. Both of which serve as a 

stimulus to the community.

V. Reasons Why James P Hoeffler’s Exemption Will Not Adversely Affect Safety Or 

How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rules:

My, James P Hoeffler’s, exemption will not adversely affect safety. Quite the contrary, 

not only for the reasons stated in section III and IV but also by permitting me, James P. 

Hoeffler, to log more flight time in FAA controlled airspace, with communication with 

the FAA, will allow me to contribute to the innovation and implementation of new and 

novel, as of yet undiscovered safety protocols for UAS operators that can be embraced by 

the FAA. In addition I, James P Hoeffler, submit the following representations of 

enhancements to current aerial videography and photography for real estate:

My UAS’s weigh less than 7 pounds, complete with a small ultra light weight high 

definition onboard camera on a gyro stabilized gimbal; I only operate my UAS below 

400 feet AGL and normally below 100 feet AGL (well within the 400 foot AGL 

permissible ceiling set by the FAA Modernization and Reform Act of 2012);

My current UAS’s operate for less than 25 minutes per flight; I land my UAS’s prior to 
the manufacturer recommended minimum level of battery power; I pilot my UAS’s by

line of sight; My UAS’s have GPS a flight safety feature whereby it hovers and then 

slowly lands if communication with the remote control pilot is lost; I actively analyze 

flight data and other sources of information to constantly update and enhance safety 

protocols; I only operate in reasonably safe environments that are strictly controlled, are 

away from power lines, elevated lights, airports and densely populated areas; I conduct 

extensive pre-flight and post-flight inspections, during which safety carries primary

importance. I always obtain all necessary permissions prior to operation; and, I have 

procedures in place to abort flights in the event of safety breaches or potential danger.

My safety protocols provide a level of safety equal to or exceeding existing rules. It is 

important to note that absent the integration of commercial UAS into our national 

airspace system, helicopters are the primary means of aerial video and photography. 

While the safety record of such helicopters is notable, there have been local incidents 

involving loss of life as well as extensive property damage; it is far safer to operate a 

battery powered ultra light weight UAS. First, the potential loss of life is diminished 

because UAS's carry no people on board and I only operate my UAS 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 my UAS allow me to remotely pilot away from and avoid hazards 

quickly and safely. Accordingly, my UAS has been experimentally operated for 

familiarization/competency and will continue to operate at or above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 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)(1). The size, weight and enclosed operational 

area of my UAS’s permits exemption from Part 21 because my UAS’s meet 

(and exceed) 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 

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. My current and projected 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 on board 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 safety/flight manual delineating areas where safety can be 

defined. The FAA has previously issued exemptions to this regulation in 

many previous exemptions including, but not limited to Exemption Nos. 

8607, 8737, 8738, 9299, 9565, 10167, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as my

UAS’s utilize electronic global positioning systems in combination with a 

barometric sensor.

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 any such required certifications and registrations by me, James P 

Hoeffler.

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. My 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, two-inch lettering is difficult to place on 

such small aircraft with dimensions smaller that minimal lettering 

requirement. The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700, among others.

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. I, James P Hoeffler, can achieve an equivalent 

level of safety as achieved by current Regulations because my UAS does not 

carry any pilots or passengers. The risks attended to the operation of my 

UAS’s are far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. Thus, allowing me to operate my UAS’s 

meets and exceeds current safety levels in relation to 14 C.F.R. §61.113 (a) 

& (b). In addition, Grant of Exemption No. 11062 to Astraeus Aerial 

(Astraeus), the FAA determined that a PIC with a private pilot certificate 

operating the Astraeus UAS would not adversely affect operations in the 

NAS or present a hazard to persons or property on the ground.

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. 

My UAS will never operate at an altitude greater than 400 AGL. I will 

however operate my UAS in safe areas away from public and traffic, 
providing a level of safety at least equivalent to or greater than those in 

relation to minimum safe altitudes. Given the size, weight, maneuverability

and speed of my UAS, an equivalent or higher 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 my UAS. However, as a safety precaution I

inspect my UAS before and after each flight and maintained per the 

manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.

In summary, James P Hoeffler seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 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(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.F.R. § 91.409 (a)(2); 14 C.F.R. § 

91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my 

lightweight unmanned aircraft system for aerial photography/Inspection/ included but not 

limited to the following; Business Operations: over land, water-ways, and oceans; 

operation over/in non-restricted National Parks, National Forests, flight in non-navigable 

airspace, using non-intrusive recording devices, operation in otherwise unrestricted U.S. 

States/Territories for aerial videography/cinematography for commercial operation and to 

enhance academic community awareness for those individuals and companies unfamiliar 

with the geographical layout of such areas. Currently, area awareness and real estate 

aerial videography/photography relies primarily on the use of larger aircraft running on 

combustible fuel, posing potential risk to the public. Granting my request for exemption 

will reduce current risk levels and thereby enhance safety. My UAS does not contain 

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional 

photographic aircraft with much less flight time. Further, I operate at lower altitudes and 

in controlled airspace eliminating potential public risk flying to and from established 

airfields. I have been analyzing flight information and will compile safety protocols and 

the implementation of a flight operations manual that exceeds currently accepted means 

and methods for safe flight. Formal collection of information shared with the FAA will 

enhance the FAA's internal efforts to establish protocols for complying with the FAA 
Modernization and Reform Act of 2012. There are no personnel on board my UAS’s and 

therefore the likelihood of death or serious bodily injury is significantly diminished. The 

operation of my UAS’s, weighing less than 7 pounds and travelling at lower speeds 

within limited areas, will provide an equivalent level of safety as that achieved under 

current FARs. Accordingly I respectfully request that the FAA grant my exemption 

request and am willing to cooperate in sharing information to benefit the FAA, safety of 

manned aircraft, and the general public at large.

Respectfully Submitted,

James P Hoeffler

Crosswind Films, LLC

4805 Fairmont Rd

Anchorage, AK 99516

(907) 360-5948

jph1960@yahoo.com