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 MODERNIZATION AND REFORM ACT OF 2012.

To whom it may concern, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

David Hoegen is submitting this petition of exemption to the U.S. Department of Transportation, 

Docket Operations. This petition is to request permission to operate 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 conducted 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 under the section “sUAS specifications.” Approval of exemptions 

would allow David Hoegen 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 

Aerial videography 

Aerial advertising 

Aerial digital media 

Agricultural inspection & surveying 

Property inspection & surveying 

Structural inspection & surveying 

Industrial inspection & surveying 
U.S. Department of Transportation David Hoegen 2 

SUMMARY OF REGULATIONS 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 certificate. Given the size and limited operating area 

associated with a sUAS, however, David Hoegen believes an exemption would create an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. This is because an 

analysis of current criteria demonstrates that a sUAS operating without an airworthiness 

certificate in a restricted environment, and under proposed conditions, would still be as safe as, 

or safer than, a conventional 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 mechanic certificate or repair station certificate must 

approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return 

to service. In order to meet an equivalent level of safety, David Hoegen proposes to conduct 

inspections and maintenance based on guidelines set forth by the sUAS manufacturer, which it 

believes are pursuant to Section 333 and appropriate for the 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 maintenance record entries be maintained and placards be affixed to the 

aircraft. Due to the small size of the sUAS, however, David Hoegen 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 proposes 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 would 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 sufficient 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 registration 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 aircraft unless a manual is present. 

Given the size and configuration of the sUAS, however, David Hoegen, believes there is no 

ability or place to carry such a flight manual on the aircraft. In order to meet an equivalent level 

of safety, David Hoegen proposes to maintain a flight manual at ground 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 aircraft. The intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft, which is not possible 

with a sUAS. To obtain an equivalent level of safety, David Hoegen proposes that a current, 

approved sUAS flight manual 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 requirements, landing, takeoff 

distances, and aircraft performance data before initiation of flight. 

14 CFR 91.119(c): MINIMUM SAFE ALTITUDE: GENERAL

This section establishes safe altitudes for operations of civil aircraft. It states aircraft cannot 

operate closer than 500 feet to persons and structures. Considering a maximum altitude of 400ft, 

these guidelines cannot apply to sUASs. In order to achieve an equivalent 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 comes 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 maintain 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 minutes beyond the point of intended landing during 

the day and at least 45 minutes during night. Given the limitations of the sUAS’s proposed flight 

operations within a predetermined 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 planned landing zone from anywhere in 

It’s limited operating area. 

14 CFR 91.203(a)(b): CIVIL AIRCRAFT CERTIFICATION & 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 unless the airworthiness certificate 

is displayed at the cockpit entrance and is legible to passengers and crew. Because the sUAS 

weighs less than 55lbs and is operated without an onboard pilot, however, David Hoegen 

believes the sUAS has no ability to carry certification and registration documents. In order to 

achieve an equivalent level of safety, David Hoegen 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 & ALTITUDE REPORTING EQUIPMENT & 

USE

This section requires Air Traffic Control transponder equipment to meet specific performance and 

environmental requirements. It also requires aircraft to be equipped with an operable coded radar 

beacon transponder. Not only are there no known available ATC transponders that meet the 

payload requirements of the sUAS, but the sUAS 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 facility) of flight plan or higher 

than 400 feet, together which create very low risk of collision with a manned aircraft. 

14 CFR 91.401 - 91.417: MAINTENANCE, PREVENTATIVE MAINTENANCE, 

REBUILDING, OR ALTERATION

The section states that the operator is primarily responsible for keeping the aircraft in an 

airworthy condition and requires the aircraft be approved for return 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 authorized to approve the aircraft for return to 

service. This means the operator in command will ensure the aircraft is in an airworthy 

condition prior to each flight and conduct detailed inspections. All additional maintenance will 

be performed by the manufacturer or a designated repair facility, and the operator in command 

will document work performed in accordance with 

91.417. Because of the size, construction, and simplicity of the sUAS, David Hoegen 

 believes that this will ensure an equivalent level of safety. 

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

David Hoegen proposes to use a small and relatively inexpensive sUAS under controlled 

conditions in airspace which is limited, predetermined, and has 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 inspection will be done before flight by the operator to the highest level 

of safety. 

• sUAS will not be flown past 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 command and a visual observer 

• Operator and observer will be able to communicate by voice at all times during operation
U.S. Department of Transportation David Hoegen 6 

• Flights will be operated at a safe distance from inhabited structures, vehicles, and people who 

are not associated with the operation 

• sUAS will have a safe predetermined “home” location 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 aircraft, which must take off from an airport 

and travel to the location being filmed or surveyed, sUASs depart and land 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 slow speed in order to accurately collect data, in 

turn producing potentially hazardous conditions for the operator and public on the ground. 

Unlike standard manned aircrafts, however, sUASs do not benefit from altitude or forward 

speed, resulting in a higher level of safety during data collection 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 standard sUAS is less than 55 pounds. This difference means that in 

the event of a mishap, sUASs again pose significantly less risk to people and property on the 

ground, which is in the public interest. 

Small unmanned aircrafts also benefit the commercial 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 and 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 similar 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 interests that result from David Hoegen operations: 

• Cleaner environment 

• Reduced congestion 

• Safer NAS 

• Reduced consumer cost 

• More effective data capture for science and research 

• Safer public grounds 
U.S. Department of Transportation David Hoegen 7 

SUAS SPECIFICATIONS 

RADIO FREQUENCIES 

A radio frequency in the 2.4 Ghz range is required in order to control the UAV. In addition, a 

5.8 Ghz transmitter and receiver are 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 2.4GHz
U.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 alternate landing zones in order 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>Hardware 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 gauge on computer/GCS/video monitor 

• Verify timers are set properly 

PRIVACY

All flights will occur in accordance 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 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. In accordance with section 

333, David Hoegen will operate the 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, aerial 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