12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

September 23, 2015 

U.S. Department of Transportation via: Registered U.S. Mail and

Docket Management System Fax to Docket Operations (201-493-2251)

1200 New Jersey Ave., SE with Proprietary Enclosure, and

Washington, DC 20590 DMS without Enclosure a/s 

Subject: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

C.F.R. Part 11, Hoverfly Technologies, Inc. CAGE: 75KE6 is a developer of tethered quad-rotor 

systems and hereby requests exemption from the Federal Aviation Regulations (“FARs”) listed and 

discussed below. The FAA has the regulatory power to grant the exemptions as requested.

Hoverfly requests the Subject exemption to continue development, test and evaluation, and 

demonstration of its LiveSky-branded tethered electric quad-motor sUAS platforms (the “LiveSky”) 

below 400 feet AGL and under closed and secure field conditions. LiveSky platforms weigh less 

than twenty-five (25) pounds including payload. LiveSky is connected with a tether to a ground.

LiveSky platforms are tethered to the ground and receive power from a ground power supply via 

that tether. An on-board LiPo battery provides emergency landing power in the event of ground 

power interruption. The LiveSky is programmed to hold its position above the ground control 

station. LiveSky is designed to stay directly above the ground power point and only maneuver 

vertically up and down. It will safely land automatically if forced outside a small conical control 

range from the ground station. Horizontal movement of LiveSky is restricted by tight geo-fence 

whose circular radius is limited above the ground station by both programming and the tether’s 

catenary curve. The altitude is limited by control system programming and by tether length. 

Maneuver controls are limited to “up” and “down.” Operations under an exemption will be subject to

the strict operating limitations inherent in the tethered LiveSky itself and pursuant to safety training, 

the operator’s manual, and user agreement.

As more fully described below, the requested exemption would permit the operation of LiveSky 

platforms under controlled and limited conditions in predetermined, controlled access locations. Safe 

operating conditions are described in the LiveSky Operator’s Manual1 provided herewith.

Compared to fixed and rotary wing sUAS systems which have 3-dimensional operating envelopes, 

the 2-D nature of the LiveSky improves safety and limits risks associated with free-flight sUAS. 

There is no navigation over populated areas, significantly reduced likelihood of communication link 

loss, and no negative environmental effects. LiveSky tethered systems are inherently limited to lineof-site operation. 

Hoverfly can ensure at least an equivalent level of safety compared with currently authorized

operations and exemptions for sUAS. It would therefore follow that approval of the exemption
12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

requested would enhance safety and support fulfilling the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for 

the safe operation of such aircraft systems in the national airspace system.” 

Operating in accordance with the inherent physical limitations and restricted use criteria of the 

Operators Manual and the User Agreement, LiveSky does not create a hazard to users of the 

national airspace system or the public. 

Based on the unique inherent safety of tethered systems and the information above, we respectfully 

request your considerate review and approval of the exemptions requested below. 

The name and address of the applicant are: 

Hoverfly Technologies, Inc.

Attn: Robert Topping

Phone: 407-985-4500

Email: rob@hoverfly.com

12151 Research Parkway, Suite 100

Orlando, FL 32826

The regulations from which the exemption is requested are as follows:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b)

14 CFR 61.133(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151

14 CFR 91.405(a)

14 CFR. 91.407(a)(1)

14 CFR 91.409(a)(2)

The sections that follow discusses each rule listed above and explains why the exemptions we 

request in this letter are appropriate, provide an equivalent or better level of safety, and are in the

public interest.

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

Given the small size and limited operating envelope of the LiveSky, 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 sUAS to be operated hereunder is less than 25 pounds with payload, carries neither a pilot 

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

within a restricted area as set out in the Operators Manual. 
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Unlike non-tethered sUAS, operations under this exemption will be tightly controlled, monitored by 

an operator, and limited by design and construction of the platform itself.

Application of these same criteria demonstrates that there is no credible threat to national security 

posed by the LiveSky, due to its small size, inherent lack of maneuver capability, location in 

restricted closed-field operating environments, its lack of explosive materials or flammable liquid 

fuels, and inability to carry payload to remote locations.

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

Given the size of the LiveSky, two-inch lettering is not possible. However, the word “Experimental” 

will be placed on the fuselage in compliance with §45.29 (f) in a font which is approximately the 

same size as the maximum vertical surface on the LiveSky.

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the operator and others working with the sUAV will see the 

identification of the LiveSky as “Experimental.” We believe this helps reinforce a culture of 

procedural based safety.

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

The LiveSky will not carry a pilot or passengers, and proposed operations can achieve the 

equivalent level of safety of current operations by requiring operator of the LiveSky to have 

Operations Safety Training as defined in the Manual rather than a commercial pilot’s license.

Unlike a conventional aircraft that carry a pilot and passengers, LiveSky is powered and controlled 

from the ground and does not have passengers or crew. The area of ground operation is 

controlled and restricted to relevant non-public personnel, and all operations are planned, 

checked, and monitored as set forth in the Manual. 

The level of safety provided by the requirements included in the Manual dramatically exceeds that 

provided by a single individual holding a commercial pilot’s certificate operating a conventional 

aircraft. 

Because the risks associated with the operation of the LiveSky are clearly significantly diminished 

from the level of risk associated with commercial operations as contemplated by Part 61 when 

drafted, allowing a trained operator as the PIC exceeds the present level of safety achieved by 14 

C.F.R. §61.113 (a) & (b).

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

Because the LiveSky no ability or place to carry a flight manual on the platform, not only because 

there is no pilot on board, but because there is no room or capacity to carry such an item, we 

request an exemption.

The equivalent level of safety will be maintained by keeping the Operations Manual and flight 

records, as therein defined, at the ground control point where the operator will have immediate 

access to the material. The FAA has issued the following exemptions to this regulation: 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, 

and 10700.
12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

14 C.F.R. § 91.103: Preflight Action

We request exemption to the provisions an FAA approved Flight Manual is not available for 

LiveSky platforms.

An equivalent level of safety will be provided using the comprehensive preflight checklist of the 

Operations Manual. The operator will take all actions including reviewing landing zone and 

perimeter access controls prior to powering the LiveSky.

14 C.F.R. §91.109: Flight Instruction

The LiveSky does not have fully functional dual controls. In the LiveSky, flight control is 

accomplished through a control device with an “UP” and a “DOWN” button. The LiveSky moves 

vertically three to five meters for each button press. If the DOWN button is pressed and held for 

three (3) seconds, the LiveSky will automatically land. Testing shows that with GPS, the LiveSky 

will land in very close proximity to its launch point. 

The FAA has previously approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the LiveSky’s small size, lack of maneuver 

capability and automatic landing systems.

14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over than congested 

areas. LiveSky operations are limited by control software and tether length to less than 400 feet 

AGL. We believe relief from this provision is warranted since operations will be conducted in 

restricted, non-public areas and pursuant to safety provisions of the LiveSky Operations Manual. 

Buildings and people will not be exposed to operations without prior consent.

The equivalent level of safety will be achieved as a result of the LiveSky’s small size, inherent 

inability to maneuver, and the platform’s automatic landing system.

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 LiveSky may not have a barometric altimeter, 

but instead a GPS altitude reporting capability, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the Operations and 

Manual confirming and documenting the altitude of the launch site from the LiveSky 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 
12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The ground power supply to the tethered LiveSky relies on terrestrial power availability. The 

LiveSky relies on the availability of ground power to launch. Without ground power availability, the 

LiveSky will not take off. 

The LiveSky platform incorporates a LiPO or other technology battery that is sufficient to safely 

land the platform in the event of a ground power interruption. The power capacity of the 

emergency landing battery is sufficient to land the platform safely if ground power is interrupted 

while operating at a maximum altitude of 400 feet. 

Given the limitations on the Livesky operational area, it’s lack of maneuver capability and the 

location of any operations within a predetermined and restricted non-public area, we believe an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

Operating the LiveSky in accordance with the Manual does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and lack of maneuver capability and 

emergency landing power battery.

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 or 

Hoverfly pursuant to the the Manual.

An equivalent level of safety will be achieved because the LiveSky produce metadata that is used 

to provide an indication of LiveSky maintenance requirements. For instance, LiveSky systems 

monitor motor characteristics; data from which can be used to schedule preventative maintenance 

thereby improving safety. Further, the Operations Manual mandates minimum inspection intervals 

and mandatory interval replacement or TBO for flight critical parts and systems. If a mechanical 

issue should arise, the LiveSky can land immediately.

Other Relief as the FAA Deems Appropriate

Hoverfly also requests exemption from any other FARS the FAA deems appropriate to enable the 

requested operations. If, during the effective dates of any Grant of Exemption issued pursuant to 

this Petition, the FAA issues interim or final rules for sUAS, we request that Hovefly relieved of the 

requirements of any conditions and limitations of said exemption and allowed to comply with any 

less burdensome applicable regulations that may have become effective.

Privacy

LiveSky development and operational test and evaluation will occur over private or controlled 

access property with the property owner’s prior consent and knowledge. 
12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

Hovefly is committed to professional and respectful conduct. We voluntarily subscribe to the 

Association of Unmanned Vehicles International's (AUVSI) Code of Conduct 

(http://www.auvsi.org/conduct), including specifically the commitments 

respect the right of other users of the airspace and the privacy of individuals 

No Hoverfly LiveSky operations will have as their mission the intentional collection of personal 

information of any person or the general public where they have an expectation of privacy. 

No personally identifying information which is obtained from the LiveSky sensors will be retained 

or recorded and stored, other than to evaluate the performance of the LiveSky or its systems. No 

public release of personally identifying information will be made by Hoverfly.

Summary 

Petitioner: Hoverfly Technologies, Inc.

Sections of 14 C.FR. Affected: Part 21 Subpart H; § 21.191(a); § 45.23(b); § 45.27; §§ 61.113(a) 

and (b); § 91.l 19(c); § 91.121; § 91.151(a); § 91.405(a); § 91.407(a)(l); §§ 91.409(a)(l) and (2); §§ 

91.417(a) and (b).

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. Part 21 

Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 

61.113(a) and (b); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 

91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and 

(b) to conduct tethered small unmanned aircraft systems research and development, test and 

evaluation, and demonstration operations at its own facility and in limited number of restricted and 

controlled areas.

Granting Hoverfly the exemption requested here substantially furthers the public interest by 

providing a capability to develop and deliver equipment available to first responders, disaster 

response organizations, and a wide variety of industrial and agricultural users. The limited 

operating concept inherent in a tethered platform allows operators concentrate on system 

monitoring, performance parameters, and safety. The public interest is served producing LiveSky 

which represents a significant improvement in safe Operations compared to free-flight sUAS 

platforms.

Hoverfly would accept the summary restrictions below to clarify and provide for the requested 

exemptions.

1. The LiveSky will weigh less than 55 lbs. 

2. Flights will be operated in line of sight of a trained operator. 

3. Maximum total flight time for each operational flight will be as proscribed in the Operations 

Manual which specifies inspection, maintenance, and reporting intervals. 

4. The LifeSky will have adequate battery power reserve to land from 400 AGL if ground power 

or tether connection is interrupted.

5. Flights will be limited to an altitude below 400 feet AGL and away from highly populated areas 

and airports 
12151!Research!Parkway,!Suite!100 Orlando,!FL!32826!• Phone:!407D985D4500 •!www.hoverflytech.com

6. The LiveSky will only be operated within a controlled “Secure Area” as defined in the Manual. 

We believe that our Petition for Exemption satisfies the criteria provided in Section 333 of the Reform 

Act of 2012 of size, weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within visual line of sight and national security – provide more than adequate justification to 

grant the requested exemptions allowing operation of LiveSky in accordance with the foregoing.

Please contact me by email at rob@hoverflytech.com or at 407-985-4500 with any questions related 

to this Petition. Thank you for your prompt consideration.

Sincerely,

Robert T. Topping

Chief Executive Officer

Enclosures: LiveSky Operator’s Manual1

1

Applicant submits its Operations Manual as a Trade Secret Confidential document under 14 CFR 11.35 since the entire manual contains 

proprietary information that the applicant has not and will not share with others without protection under binding contract. The manual 

contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of 

Information Act 5 USC 552 et. seq.