U.S. Department of Transportation

David Hoegen 16 Williams Street Dudley, MA 01571

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590 David Hoegen 1

December 21, 2015

RE: PETITION OF David Hoegen FOR EXEMPTION PURSUANT TO SECTION 333 OF THE FAA MODERNIZ ATION AND REFORM ACT OF 2012.

To whom it may concern,

Pursuant to Section 333 of the FAA Modernizati on and Reform Act of 20 12 and 14 CFR Part 11, David Hoegen is submitting this petition of exem ption to the U.S. Depart ment of Transportation, Docket Operations. This petition is to request permission to ope rate two small unmanned aerial vehicles (i.e., "small unmanned aircraft system" or "sUAS") within airspace regulated by the Federal Aviation Administration, so long as operations are conducte d with and under the conditions outlined herein or established by the FAA (as required by Section 333).

In accordance with section 333, David Hoegen proposes to operate the two Yuneec Typhoon Q500 4K, which is specified unde r the section “sUAS specificatio ns.” Approval of exemptions would allow David Hoegen to pr ovide beneficial services to consumers interested in aerial data capture by operating a small advanced sUAS in the following commercial and agricultural industries:

Aerial photography Aerial videography Aerial advertising Aerial digital media Agricultural inspection & surveying Property inspection & surveying Structural inspection & surveying Industrial inspection & surveyingU.S. Department of Transportation David Hoegen 2

SUMMARY OF REGULATION S FROM WHICH EXEMPTIONS ARE REQUESTED:

14 C.F.R. Part 21 14 C.F.R. 43.7 14 C.F.R. 43.11 14 C.F.R. 45.11 14.C.F.R. 45.23 14 C.F.R. 45.29 14 C.F.R. 91.9(b)(2) 14 C.F.R. 91.9(c) 14 C.F.R. 91.103(b)(2) 14 C.F.R. 91.119(c) 14 C.F.R. 91.121 14 C.F.R. 91.151 14 C.F.R. 91.203(a)(b) 14 C.F.R. 91.215 14 C.F.R. 91.401-91.417

EQUIVALENT LEVEL OF SAFETY

14 CFR 21 PART 21, SUBPART H: AIRWORTHINESS CERTIFICATES

This section requires an airworthiness certificat e. Given the size and limited operating area associated with a sUAS, however, David Hoegen believes an exemp tion would create an equivalent level of safe ty under Part 11 and Secti on 333 of the Reform Act. This is because an analysis of current criteria demonstrates that a sUAS opera ting without an airworthiness certificate in a restricted envir onment, and under proposed conditions , would still be as safe as, or safer than, a conve ntional aircraft operating with an airworthiness certificate.

14 CFR 43.7: PERSONS AUTHORIZED TO APPROVE MAINTENANCE, REBUILDING, AND OPERATION

This section provides that the holder of a mechan ic certificate or repair station certificate must approve an aircraft, airframe, aircraft engine, prop eller, appliance, or co mponent part for return to service. In order to meet an equivalent level of safety, David Ho egen proposes to conduct inspections and maintenance base d on guidelines set forth by the sUAS manufacturer, which it believes are pursuant to Sec tion 333 and appropriate for th e intended use and operating environment for the sUAS.U.S. Department of Transportation David Hoegen 3

14 CFR 43.11: RECORDS AND INSPECTIONS

This section provides main tenance record entries be maintained and placards be affixed to the aircraft. Due to the small size of the sUAS, however, David Hoeg en believes that it would be dangerous and nearly impossible to attempt to affix those placards. In order to meet an equivalent level of safety, David Hoegen pr oposes to keep all records and log books of maintenance and repairs at the ground level during operation.

14 CFR 45.11: MARKING OF PRODUCTS

This section provides that a manufacturer of an aircraft must mark each aircraft by attaching a fireproof identification plate. However, due to the small size and flight characteristics of the sUAS, David Hoegen believes fireproof placards w ould cause a potential hazard to the aircraft because of the additional weight or location. In order to meet an equivalent level of safety, David Hoegen requests an exemption.

14 CFR 45.23: DISPLAY OF MARKS: GENERAL AND 45.29 SIZE OF MARKS.

This section provides that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. The sUAS, however, does not have su fficient surface area to allow for 3 inch registration number or the letter “N.” To achieve an equivalent level of safety, David Hoegen proposes displaying each aircraft’s regi stration information as large as the sUAS safely permits. Registration information and logbooks will also be kept at the ground station.

14 CFR 91.9(b)(2): CIVIL AIRCRAFT FLIGHT MANUAL IN AIRCRAFT

This section provides no person may operate a registered civil aircra ft unless a manual is present. Given the size and conf iguration of the sUAS, however, David Hoegen, believes there is no ability or place to carry such a fl ight manual on the aircraft. In order to meet an equivalent level of safety, David Hoegen proposes to maintain a flight manual at gr ound control where the PIC will have access to it.

14 CFR 91.9(c): CIVIL AIRCRAFT FLIGHT MANUAL, MARKING, AND PLACECARD

This section, similar to 91.9, provides no person may operate an aircraft unless a current and approved flight manual is in the ai rcraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew wh ile operating the aircraft, which is not possible with a sUAS. To obtain an equiva lent level of safety , David Hoegen propos es that a current, approved sUAS flight ma nual will be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.U.S. Department of Transportation David Hoegen 4

14 CFR 91.103(b)(2): PREFLIGHT ACTION

This section requires each pilot in command to take certain actions before flight to ensure the safety of the flight. In order to achieve an equivalent level of safety, David Hoegen proposes that the operator in command reviews weather, flight battery requireme nts, landing, takeoff distances, and aircraft performance data before initiation of flight.

14 CFR 91.119(c): MINIMUM SA FE ALTITUDE: GENERAL

This section establishes safe a ltitudes for operations of civil airc raft. It states aircraft cannot operate closer than 500 feet to persons and st ructures. Considering a ma ximum altitude of 400ft, these guidelines cannot apply to s UASs. In order to achieve an e quivalent level of safety, David Hoegen proposes to maintain a safe and proper distance from people, vehicles, and buildings.

14 CFR 91.121: ALTIMETER SETTINGS

The section requires aircraft to maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. Because the sUAS come s equipped with a GPS altitude read out instead of a barometric altimeter, however, an exemption is needed. In order to achieve an equivalent level of safety, David Hoegen proposes the sUAS will always fly below 400 feet AGL, thus eliminating a need to mainta in cruising altitudes and prevent conflict with other aircraft.

14 CFR 91.151: FUEL REQUIREMENTS FOR FLIGHTS IN VFR CONDITIONS

This section prohibits an individual from beginning a flight in an airplane under VFR conditions unless there is enough fuel to fly at least 30 mi nutes beyond the point of intended la nding during the day and at least 45 minutes dur ing night. Given the limitations of the sUAS’s proposed flight operations within a predet ermined area, however, David Hoegen believes an equivalent level of safety can be achieved by limiting flights to under 30 minutes, which would be more than adequate to return the sUAS to its pl anned landing zone from anywhere in It’s limited operating area.

14 CFR 91.203(a)(b): CIVI L AIRCRAFT CERTIFIC ATION & REGISTRATION

This section states no person may operate a civil aircraft unless it carries a current airworthiness certificate. In addition, no person may operate a civil aircraft unl ess the airworth iness certificate is displayed at the cockpit entrance and is le gible to passengers and crew. Because the sUAS weighs less than 55lbs and is operated wit hout an onboard pilot, however, David Hoegen believes the sUAS has no ability to carry certifi cation and registration documents. In order to achieve an equivalent level of safety, David Ho egen proposes to keep these documents at the ground control point where the operator flying and will have immediate access to them.U.S. Department of Transportation David Hoegen 5

14 CFR 91.215: ATC TRANSPONDER & AL TITUDE REPORTING EQUIPMENT & USE

This section requires Air Traffic Control transpon der equipment to meet specific performance and environmental requirements. It al so requires aircraft to be equi pped with an opera ble coded radar beacon transponder. Not only are there no known available ATC transponders that meet the payload requirements of the sUAS, but the s UAS is too small to contain ATC transponder equipment. In order to achieve an equivalent level of safety, David Hoegen proposes to follow guidelines set forth already in previous sections , which include not flying within five nautical miles of an airport without notifying the ATC (when an air traffic faci lity) of flight plan or higher than 400 feet, together which create very lo w risk of collision with a manned aircraft.

14 CFR 91.401 - 91.417: MAINTENANCE, PREVENTATIVE MAINTENANCE, REBUILDING, OR ALTERATION

The section states that the opera tor is primarily responsible fo r keeping the aircraft in an airworthy condition and requires th e aircraft be approved for re turn to service by a person authorized under 43.7. David Hoegen proposes that the operator in command perform maintenance and inspection of the aircraft and be au thorized to approve the aircraft for return to service. This means the operator in command w ill ensure the aircraft is in an airworthy condition prior to each flight and conduct detailed inspections. All additional ma intenance will be performed by the manufacturer or a designat ed repair facility, and the operator in command will document work performed in accordance with 91.417. Because of the size, c onstruction, and simplicity of the sUAS, David Hoegen believes that this will ensure an equivalent le vel of safety.

REASONS WHY THE EXEMPTION WOUL D NOT ADVERSELY AFFECT SAFETY

David Hoegen proposes to use a small and re latively inexpensive sUAS under controlled conditions in airspace which is limited, predetermined, and ha s controlled access. If an exemption is granted, David Hoegen proposes to abide by the following operational procedures:

• sUAS will weigh less than 55 pounds

• Flight will be within line-of-sight of PIC

• Maximum time of operational flight will be limited by battery size

 A visual and mechanic in spection will be done befo re flight by the operato r to the highest level of safety.

• sUAS will not be flown pa st 25% of reserve battery

• Flights will be operated at no more than 400 feet altitude

• sUAS will operate in accordance to its safety manual

• Preflight production and briefing will be done before flight to find safety concerns

• Permits, permissions, and exemptions will be acquired for every operation if needed

• Crew for each operation will consist of an operator in co mmand and a visual observer

• Operator and observer will be able to co mmunicate by voice at all times during operationU.S. Department of Transportation David Hoegen 6

• Flights will be operated at a sa fe distance from inhabited stru ctures, vehicles, and people who are not associated with the operation

• sUAS will have a safe predetermined “home” lo cation near the operator in case of loss of signal or flight failures

PUBLIC INTEREST

A sUAS produces no air pollution when compared with larger aircraft, which helps create a cleaner environment. In addition, unlike manned ai rcraft, which must take off from an airport and travel to the location being filmed or surv eyed, sUASs depart and la nd at the same site where data collection is going to occur. This not only helps reduce NAS congestion, but creates safer conditions for both operator and the public. In the past, a standard aircraft might have to cruise at a low altitude and at a very sl ow speed in order to accurately collect data, in turn producing potentially hazardous conditi ons for the operator and public on the ground. Unlike standard manned aircrafts, however, s UASs do not benefit from altitude or forward speed, resulting in a higher leve l of safety during data colle ction and other operations. In general, the takeoff weight of a standard aircraft is between 1,300 and 6,000 pounds, while the takeoff weight of a standa rd sUAS is less than 55 pounds. Th is difference means that in the event of a mishap, sUASs ag ain pose significantly less risk to people and property on the ground, which is in th e public interest.

Small unmanned aircrafts also benefit the comm ercial and consumer public. Unlike traditional aircraft which are powered by fuel, sUASs run on small batteries and are significantly more maneuverable. In addition, because sUAS fly less than 30 minutes a nd at an altitude of less than 400 feet, little risk is posed to national security and air safety. Past companies might have to operate a traditional aircraft to produce simila r results. The standard sUAS, however, comes equipped with the ability to capture data on behalf of any number of private and public interests, all while reducing cost, increasing safety, and saving time.

To summarize the public inte rests that result from David Hoegen operations:

• Cleaner environment

• Reduced congestion

• Safer NAS

• Reduced consumer cost

• More effective data captur e for science and research

• Safer public groundsU.S. Department of Transportation David Hoegen 7

SUAS SPECIFICATIONS

RADIO FREQUENCIES

A radio frequency in the 2.4 Ghz range is require d in order to control the UAV. In addition, a 5.8 Ghz transmitter and receiver ar e used to relay video and other data to the UAV operator and ground station. These low-power frequencies are regulated by part 15 of the Federal Communications Commission. They are considered "non-licensed" transmitters because their operators are not required to obtain a license from the FCC to use them.

Yuneec Typhoon Q500 4K Aircraft

 Flight Time Up to 25 Minutes

 Height 210mm (9.45 in)

 Width 420mm (16.54 in)

 Diagonal Length Without Rotor Blades 510mm (20 in)

 Propeller/Main Rotor Diameter 330mm (13.0 in)

 Weight Without Battery and Payload 1130g (40.0 oz)

 Takeoff Weight With Battery and CGO3-GB 1700g (60.0 oz)

 Transmitter 10-channel 2.4GHz with 5.8GHz video downlink (included)

 Maximum Flying Height Default 400 Feet Above Ground Level

 Maximum Rotational Velocity 65°/s

 Maximum Bank Angle 35°

 Maximum Climb Rate in Smart and Angle mode 3m/s

 Maximum Descent Rate in Smart and Angle mode 2m/s

 Radio Control Frequency Band 2.4GHzU.S. Department of Transportation David Hoegen 8

PREFLIGHT CHECKLIST AND OPERATIONS

• Check flight area and location

• Inform ATC of flight plan (if required)

• Determine emergency flight plan and alternat e landing zones in orde r to avoid power lines and obstacles

• Check wind direction

• Set a perimeter of 50- 100 meters (area must be clear of people)

• Engage Flight Controller, monitor, laptop, etc. (bring up flight plan)

• Test flight controls (Main screen >Flight Settings>H ardware Monitor:

• Verify GPS receives no less than 11 signals.

• Remove lens cap and clean lens

• Ensure camera has SD card installed.

• Check battery voltage

• Level copter with front pointing in correct direction for course lock

• Verify Manual Flight Mode switch is on and Flight Path Switch is off

• Verify copter transmitter is on

• Check Model Selection on Tx

• Check Tx battery voltage (above 7.4v)

• Verify photography transmitter is on

• Calibrate GPS/compass (if necessary)

• If calibrated, cycle battery with correct heading for course lock

• Check Copter Voltage from GCS

• Engage attitude mode

• Engage GPS mode

• Verify camera operation

• Verify altitude is about 0 via ga uge on computer/GCS/video monitor

• Verify timers are set properly

PRIVACY

All flights will occur in acco rdance with any state or local laws regarding privacy.U.S. Department of Transportation David Hoegen 9

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Regulations from which exemptions are re quested: 14 C.F.R Pa rt 21; 14 C.F.R 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14.C.F.R. 45.23; 14 C.F.R. 45.29; 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2);14 C.F.R. 91.119(c); 14 C.F.R. 91.121;14 C.F.R. 91.151; 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.215; 14. C. F.R. 91.401- 91.417. In accordance with section 333, David Hoegen will operate th e Yuneec Typhoon Q500 4K in order to provide beneficial services to consumers interested in aerial data capture by operating a small advanced sUAS in the following commercial and agricultural industries: Aerial photography, aeri al videography, aerial advertising, aerial digital media, agricultural inspection & surveying, property inspection & surveying, structural inspection & inspection, industrial inspection & surveying.

NAME AND ADDRESS OF PETITIONER

David Hoegen 16 Williams Street Dudley, MA 01571