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Petition for Exemption / COA Request

Petitioner: Hoegger Communications

2341 Midwestern Parkway STE 104A

Wichita Falls, Texas 76301

Phone: (940) 692-7999

Fax: N/A

Email: Jackie@hoeggercommunications.com

U.S. Department of Transportation, Docket Operations

West Building, Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC

20590

Description of Relief Sought:

The petitioner is seeking an exemption to commercially operate its unmanned aircraft in 

UAS compliance for aerial photography and videography. Hoegger Communications is 

an award winning creative advertising agency. We would like to offer our clients the 

ability of aerial photography and videography of their businesses.

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act

and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart

H; 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(c); 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)
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Dear Sir or Madam:

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

Act”) and 14 CFR Part 11, Jackie Hoegger, owner of Hoegger Communications, 

operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, 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.

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would operate in the following manner:

1. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities 

or government has requested it by contract or donation.

2. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

3. Aerial video and/or photography for public and/or private use including television, 

public events, cinematography and news gathering.

4. Aerial inspection/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers.

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations 

in the industry presently using conventional aircraft. 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.”
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Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

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)

Hoegger Communications will operate the following aircrafts:

The DJI Phantom 2 for further training and operations. The Phantom 2 dimensions are 

29cm x 29cm weighing 1000g. Under still air the maximum sir speed is 10m/s or 22.5 

mph. DJI Phantom 2 has 4 motors powered by 11.1 V, 5200 mAh3 S Li-Po battery.

Remote controls will use an operating frequency of 2.400 GHz – 2.483 GHz. Any live 

video feed will have an operating frequency of 5.728 GHz – 5.850 GHz.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because

operations will further enhance the safety of the persons and/or property using 

conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption include:

1. The UAS will weigh less than 55 lbs.

2. The UAS will have a maximum operating speed of no more than 50mph.
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3. All operations to occur in Class G airspace.

4. Operator will file a NOTAM for each flight.

5. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or 

Visual Observer (VO). The applicant will operate the UAS in line of sight within a closed 

off and predetermined area owned and/operated by the property representative.

6. Maximum flight time for each operational flight will be 30 minutes. Flights will be

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first.

7. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned.

8. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer 

(VO) and may include but not limited to a Camera Operator.

9. The UAS pilot will be a designated Pilot in Command (PIC) will hold a Commercial 

Pilot’s License along with a Second or higher Class Medical Certificate. If the PIC feels 

another operator to be qualified with the necessary skills to be PIC & possess a 

Commercial Pilot’s License along with a Second or higher Class Medical Certificate, 

that person may be designated PIC provided they have a minimum of 20 hours of flight 

time with the UAS.

10. A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities.

11. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

12. If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight duration, 

elevation of flight and other pertinent information. Airport common traffic frequency or 

control tower frequency will be monitored during operations.

11. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the
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requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation.

12. The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 30 

feet of the flight operation. With the advanced permission of the FSDO, operations at 

closer range may be approved.

13. The PIC and VO will have been trained in operation of UAS and receive up-to-date

information for the particular UAS to be operated.

14. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

15. Written and/or verbal permission and permits as appropriate will be obtained from

territorial, state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies.

16. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a designated 

location and land autonomously.

17. The UAS will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

18. The PIC and VO will have at all times a MPTOM to reference as needed.

(see appendix A. 1)

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed will be at least as safe, or 
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safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

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

operates exclusively within a secured and designated area. Unlike other civil aircraft, 

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

operator and under the requirements and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners 

than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due 

to its size, speed of operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which 

the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering will 

be impossible. The word “Experimental” will be placed on the fuselage in compliance 

with §45.29 (f). The equivalent level of safety will be provided by having the UAS 

marked on its fuselage as required by §45.29 (f) where the pilot, observer and others 

working with the UAS will see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may 

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. Hoegger Communications, Jackie Hoegger, may achieve an 
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equivalent level of safety as achieved by current Regulations because the applicant’s 

UAS do not carry any pilots or passengers nor property. The risks attendant to the

operation of UAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 CFR 61. The PIC of the UAS will have Commercial Pilot’s License along 

with a current Second Class or higher Medical exceeding the current safety levels in 

relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations will equate to the 

safe operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft for maintenance and use of safety check 

lists prior to each flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. The PIC will take all actions under Normal 

Procedures including but not limited to reviewing weather, flight battery requirements, 

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully
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functioning dual controls. UAS and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number 

of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft.

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. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at 

higher than 400 AGL with the exception that in circumstances where the UAS is used to 

survey or photograph a structure whose height exceeds 400 feet AGL, the UAS

will not be operated more than 200 feet above the highest point on the structure. It will 

however be operated 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 UAS 

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 participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these

UAS 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 UAS may not have a 
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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 safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly 

after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 minutes of powered flight. To 

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

limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

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

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.

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

prior exemptions. Operating the UAS, 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 UAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety can 

be achieved by limiting flights to 30 minutes or 25% of battery power— whichever 

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

planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: Except as provided in § 91.715, no person 

may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
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The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration 

documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the 

extent they are applicable to the UAS.

14 C.F.R. §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 section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size and 

will carry a small payload and operate only in restricted areas for a limited period of 

time. If mechanical issues arise the UAS can land immediately and will be operating 

from no higher than 400 feet AGL. The operator will ensure that the UAS is in working 

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

maintenance performed. Moreover, the operator 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.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS Manufacturer's User Manual. The operator 

will ensure that the UAS is in working order prior to initiating flight and perform required 

maintenance as needed.
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Additional Information

The applicant, Jackie Hoegger and her company, Hoegger Communications are

extremely active in the Wichita Falls area community. Just in the past three (3) years 

alone, Hoegger Communications, through hands-on activities with non-profit

organizations has helped to raise over $300,000 for local charities. Jackie Hoegger, in

addition to her full time position as president / owner of Hoegger Communications, is 

also an adjunct professor at Midwestern State University, where she teaches upper

level Promotions Management class.

Hoegger Communications is an award winning, creative and marketing advertising firm,

excelling in graphic design, video production, web design, social media, events,

branding. Our clients include banks, large medical facilities, Chevrolet/Ford/Chrysler

dealerships, indoor-football teams, private Christian schools, the Wichita Falls Regional

Airport, the City of Wichita Falls, and numerous others. In additional, we also often work 

with local non-profits for a reduced rate.

Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more

than adequate justification for the grant of the requested exemptions allowing the

commercial operation of the applicant’s UAS.

Given the small size of the UAS and the controlled environment provided the proposed

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety

surrounding the proposed operations and the public benefit, reduction in environmental

impacts, including but not limited to reduced emissions and noise, professional and

private user education, the grant of the requested exemption is in the public interest.

Accordingly the applicant requests that the FAA grant the requested exemption with

minimum delay.

Sincerely,

Jackie Hoegger

Hoegger Communications
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Appendix A.1 (see attached - Hoegger Communications MPTOM)