### James P. Hoeffler, Crosswind Film **s, LLC**

**Section 333 Exem ption Petition** 

U. S. Department of Transportation Docket Management Sy stem 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 th at 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 m y small ultra light weight unmanned aircraft
sy stem (“UAS”) commer cially 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 A laska ; experienced in fl yi ng hobby helicopters and aircraft for recreational purposes. I

, James P. Hoeffler, have held an FAA private pilots license

, Certificate Number 2696258 with an ASELrating, 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 y ears. I intend to
use my DJ I Phantom 2 Vision + Version 3 and the DJI Inspire I Quadcopters for aerial filming utilizing video and still images of: Real Estat e Properties for sale, structures for mechanical and structural integrit y, filming of commercial structures and activities for advertising purposes, as well as natural scenery and lay outs for aerial mapping and enjoy ment. I, James P. Hoeffler, am c omm itted to safety with each flight. M y exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparativel y inexpensive UAS(s) in tightl y c ontrolled and limited airspace. Exempted flights will be performed i n areas away from general public, airports, heliports and vehicular traffic for filming videos and still photograph y , 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 b y unmonitored amateur hobbyists with no safet y plan or controls in place to prevent an incident

. Crosswind Films, LLC will utilize safety protocols and controls to avoid and prevent pu

blic hazard s , as well as manned aircraft/UAS interactions . This willact to further safet y protocols exclusive to lightweight UAS's specific to commercial

video and photograph y, and mapping usage as I, James P. Hoeffler , record flight data and other inform ation gained through permitted flight operations to share with the FAA through an y required FAA reports to assist with future protocol and safet y regulation. Granting m y 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 s ys tem, but to “...establish requirements for the safe operation of such aircraft s ys tems [UAS's] in the national airspace sy stem” 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 , respectfull y request the grant ing 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 wi ll promote local economic growth through increased emplo ym ent and an increased tax base. This will all be done with public safet y 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 H e 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 comm ercial cinematic, academic and other flight operations within the national airspace sy stem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public’s interest t o 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 m y ultra light weight UAS ’s prior to the time periodby

which the Reform Act requires the FAA to promulgate rules governing such craft. Thereb y, 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 t ypes of UAS's that may

operate safel y in our national airspace s ys tem. 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 . M y UAS ’s utilize four (4) counter

- rotating propellers for balance, control and stability . My UAS’s are equipped with GPS and auto return safet y technology. My UAS’s w eigh less than 4 pounds (DJ I Phantom 2 Vision +) and less than 7 pounds (DJII nspire I), far b elow the maximum 55 pound limit ; including camera with gimbal. I, James P. Hoeffler , consider safet y foremost with each flight. M y small unmanned aircraft is designed to hover in place via GPS. Built in safety s ys tems 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, DJ I . To further prevent fl yi ng 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 automati cally

shut down operation. I do not operate my UAS near airports without permission , and do not operate near areas where general public safet y is a concern. I am constantly

on alert for any

manned aircraft in m y vicinity

, and I am prepared to land/abort immediately

to the nearest and safest ground point should a manned aircraft approach m y location or I suspect manned aircraft may approach near m y location. M y UAS ’s are capable of vertical and horizontal operations, and are flown onl y within my line of sight

. Utilizing battery

power rather than combustible fuels, flights generall y last between ten (10) to twent y (20) minutes, with an altitude under one hundred fifty ( 150) feet AGL. I utilize a fresh fully

charged battery

with each flight as a safet y precauti on; full flight time limit for each battery

is twenty two (22) to twent y five (25) minutes as tested. I do not operate m y UAS at or below manufacture r 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 lev el of operation. I do not take risk s that may cause a crash, that could create a hazard to the public, propert y, or manned aircraft, and have no desire to lose my investment. Ihave clocked numerous practice flights in remote areas as a hobb yi st simulating flights for future commercial use to gain familiarization with th e characteristics of these specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain ade quate skills and response time. All of these practices are performed to ensure safet y. I take e xtreme caution when operating my UAS/ultra light weight unmanned aircraft and will not “create a hazard to users of the national airspace s ys tem or the public.” 112 P.L . 95 § 333 (b). Given the small size and weight of my UAS it falls well with in Congress’s contemplated safet y zone when it promulgated the Reform Act and thecorresponding directive to integrate UAS's into the national airspace s ys tem. James P

Hoeffler’s UAS ’s, used in hobby flight, have demonstrated a perfect safety record and h ave not pose d an y threat to the general public or national securit y.

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

Aerial photograph y and videograph y 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 af

ford to absorb such expense s . Depriving non

luxury 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

. Man y manned aircra ft both fixed wing and helicopters have made
emergency

and hard landings within our cit y 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 p otential 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 conse quence of m y ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which are heav y, contain combustible fuel and can cause catastrophic devastation to the public. Permitting me, James P Hoeffler , to immediatel y fl y within national air space furthers economic growth. Granting m y 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 Wi**  **ll Provide a Level of Safety At Least Equal To Existing Rule**  **s :** 

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 l og 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 safet y protocols for UAS operators that can be embraced b y the FAA. I n addition I, James P Hoeffler , submit the following representations of enhancements to current aerial videograph y and photograph y for real estate: My UAS ’s weigh less than 7 pounds

, complete with a small ultra light weight high definition onboard camera o n a gy ro stabiliz ed gi mbal; I onl y operate m y 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 mi nutes per flight; Iland my UAS’s prior tothe manufacturer recommended minimum level of battery power; I pilot my

UAS ’s by line of sight; My

UAS ’s have GPS a flight safet y feature whereb y it hovers and then slowly lands if communication with the remote control pilot is lost; Iactively analyze flight data and other sources of information to constantly update and enhance safet y protocols; Ionl y operate in reasonabl y safe environments that are strictl y controlled, are
away from power lines, elevated lights, airp orts and densely populated areas; Iconduct extensive pre

- flight and post

- flight inspections , during which sa fety carries primary importance. I alway s obtain all necessary permissions prior to operation; and, Ihave procedures in place to abort flights in the event of safet y breaches or potential danger. My safet y protocols provide a level of safet y equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace sy stem, 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 m y UAS in specific areas
away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosio ns is greatl y diminished. Third, the small size and extreme maneuverability

of m y UAS allow me to remotely pilot away from and avoid hazards quickly and safel y. Accordingl y, m y UAS has been experimentally operated for familiarization/competency and will c ontinue to operate at or above current safet y 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 L ike.

14 C.F.R. 21, Subpart H, entitled Airworthiness Cert ificates, 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 m y UAS ’s permits exemption from Part 21 because m y UAS ’s meet (and exceed ) an equ ivalent level of safet y 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 legislat ion 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 b y 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 safet y will be achieved by maintaining a safet y/ fl ight manual delineati ng 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, 9 299, 9565, 10167, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable in so far as my UAS ’s util ize electronic global positioning s ys tems in combination with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registratio ns. They are inapplicable for the same reasons described above. The equivalent level of safet y will be achieved b y maintaining an y 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 previousl y 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: PI C.

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

curre nt Regulations because m y UAS does not

carry an y pilots or passengers. The risks attended to the operation of m y 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
meet s and exceed s current safet y 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 PI C with a private pilot certificate operating the Astraeus UAS would not adversel y 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 heli copters 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 m y UAS, an equivalent or higher level of safet y 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 m y UAS. However, as a safet y precaution I inspec t 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) an d (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 commerciall y operate my lightweight unmanned aircraft sy stem for aerial photography /Inspection/ included but not limited to the following; Business Operations: over land, water-way s, 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 videograph y/ cinematograph y for commercial operation and to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of such areas. Currently , area awarene ss and real estate aerial videograph y/

photography

relies primarily

on the use of larger aircraft running on combustible fuel, posing potential risk to the public. Granting m y request for exemption will reduce current risk levels and thereb y enhance safet y. 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 analy zing flight information and will compile safet y protocols and the implementation of a flight operations manual that exceeds currentl y accepted means and methods for safe flight. Formal collec tion of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for compl yi ng with the FAAModernization and Reform Act of 2012. There are no personnel on board my UAS ’s and

therefore the likelihood of death or seriou s bodily injury is significantl y diminished. The operation of m y UAS ’s , weighing less than 7 pounds and travelling at lower speeds within limited areas

, will provide an equivalent level of safet y as that achieved under current FARs. Accordingly Irespectfu lly

request that the FAA grant m y exemption request and am willing to cooperate in sharing information to benefit the FAA, safet y of manned aircraft, and the general public at large.

Respectfully

Submitted,

James P Hoeffler Crosswind Films, LLC 4805 Fa irmont Rd Anchorage, AK 99516 (907) 360

- 5948 jph1960@y ahoo.com