.Jan1,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New .Jersey Ave., SE 

Washington, DC 20590 

Re: Hoverflow, LLC- Petition for Exemption to Operate Unmanned Aircraft Systems 

Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations 

Petitioner: 

Hoverflow, LLC 

Robert A. Mitchell, Owner 

32 Casselton road 

Raymond, Maine 04071 

Phone: (207) 415-3858 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of20 12, Pub. L. No. 112-95 

(20 12) ("Section 333") and the general exemption authority of the Federal Aviation Administration 

("FAA") under 49 U.S.C. § 44701 (f), Hoverflow, LLC ("Petitioner") hereby petitions for exemptions 

from Federal Aviation Regulations ("FARs") 14 C.P.R., Part 21, 14 C.P.R. §§ 61.113(a) and (b), 

61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 

91.407(a)(l ), 91.409(a)(2), and 91.417(a) and (b). 
Petition Summary 

Pursuant to 14 C.F.R Part II, the following summary is provided for publication in the Federal 

Register, should it be determined publication is needed: 

Petitioner requests an exemption that would allow the commercial operation of small, unmanned 

aircraft systems ("UAS") weighing 55 pounds or less equipped fclr the purpose of creating real estate; 

yacht; resort; event marketing photo and video media; security; aerial inspections; and education and 

training; . The requested exemption should be granted because operation of the proposed small UAS 

pursuant to the strict conditions outlined below will provide an equivalent level of safety as Congress 

intended. Petitioner will operate the following UAS: DJI Phantom 3, DJI Inspire I, and DJI S I 000. 

Petitioner's lightweight UAS arc far safer than conventional flight operations containing flight crew 

and passengers. Petitioner's UAS are small and will operate at slow speeds, close to the ground, far 

from airports in low-risk, low-population environments. They will operate only in line of sight within 

a restricted environment. In addition, the PIC's substantial experience favors granting of the 

exemption. Petitioner's UAS will carry no passengers, have enhanced safety measures, and operate 

under the specific guidelines and specifications outlined herein. Accordingly, Petitioner respectfully 

requests that the FAA grant the requested exemption without delay. 

The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§ 

61.113(a) and (b), 61.133(a). 91.7(a). 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) 

and (b). 91.405(a). 91.407(a)(1). 91.409(a)(2), and 91.417(a) and (b). 

The requested exemption should be granted because operation of the proposed small UAS pursuant 

to the strict conditions outlined below will provide an equivalent level of safety as Congress 

intended. Petitioner will operate the following UAS: DJI Phantom 3, DJI Inspire 1, DJI S I 000. 

Petitioner's lightweight UAS are far safer than conventional flight operations containing flight crew 

and passengers. Petitioner's UAS are small and will operate at slow speeds, close to the ground, far 

from airports in low-risk, low-population environments. 'T'hey will operate only in line of sight within 

a restricted environment. In addition, the PIC's substantial experience favors granting of the 

exemption. Petitioner's UAS will carry no passengers, have enhanced safety measures, and operate 

under the specific guidelines and specifications outlined herein. Accordingly, Petitioner respectfully 

requests that the FAA grant the requested exemption without delay. 

The Petitioner requests exemption from the following rules: 14 C.F.R., Part 21, 14 C.F.R. §§ 

61.113(a) and (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(l), 91.119(c), 91.121, 91.151, 91.203(a) 

and (b), 91.405(a), 91.407(a)(l ), 91.409(a)(2), and 91.417(a) and (b). 

Petitioner's UAS 

The requested exemption will permit the operation of the D.ll Phantom 3, the D.ll Inspire I, and the 

DJI S I 000. The FAA has recently granted Section 333 exemptions lbr several DJI UAS, including 

the DJI Phantom 3, DJI Inspire I and DJI S I 000. 

Petitioner's UAS will be identified by serial number, registered in accordance with 14 CFR Part 47, 

and have identification (N-Number) markings in accordance with 14 CFR Part 45, Subpart C. 

Markings will be as large as practicable in accordance with § 45.29(1). 
Flight Conditions and Operations 

The UAS will be flown in airspace under 400 feet above ground level and under controlled 

conditions. Almost all of Petitioner's UAS operations will occur below 200 feet above ground level. 

lf Petitioner intends to operate within five (5) miles of any active landing strip or airport, Petitioner 

will follow proper FAA procedure, notifying the FAA in advance of operation and when operation is 

complete. The PIC will always make a safety assessment of the risk of every operation and will only 

operate UAS when the PIC determines no undue hazards exist. The PIC will operate all UAS with 

the assistance of a Camera man/visual observer (YO) within visual line of sight of the UAS and 

maintain constant GPS communication and flight telemetry data. This (2) man operation provides a 

safer flight experience by allowing the pilot to perform no other task than to safely fly the air craft 

while the camera man controls only the camera and maintains all craft safety data via built in 

telemetry. This same visual observer also has extensive experience flying radio-controlled aircrall. 

The PIC and visual observer will be in constant communication through the entire flight from precheck prior to take off to post check after landing. No UAS flight will exceed line-ot~sight distance 

of the PIC and visual observer at any time. 

All UAS will not be flown on private property without the consent of the landowner. For each UAS 

use, flights will be logged electronically as well as camera footage is logged and archived per flight 

based on date and time. Petitioner will follow the procedures for start-up set forth in the manual for 

each UAS. Additionally, Petitioner will perform a site inspection before each flight to determine 

additional measures that may be necessary to safely operate the UAS. Petitioner will further perform 

a pre-flight communications check to make sure the PIC, visual observer, and UAS can remain in 

contact. 

Aircraft and Equivalent Level of Safety 

Petitioner proposes that the exemption requested herein apply to UAS that have the characteristics 

and that operate within the limitations outlined herein. These limitations provide for at least an 

equivalent or greater level of safety to operate under the current regulations. 

Petitioner agrees to the following limitations and conditions with conducting its commercial UAS 

operations under an FAA exemption: 

I. All UAS will weigh no more than 55 pounds. 

2. All UAS will be operated within line of sight of the PIC and visual observer. 

3. The maximum total flight time for each UAS flight will conclude with 20% ofUAS battery 

remaining. 

4. The UAS will be operated at an altitude of no more than 400 feet above ground level. 

5. The PIC will be specially trained in UAS flight and electronics and have I 00+ hours of actual 

flight. 

6. The minimum crew for each UAS flight will be the PIC and one visual observer. 

7. The crew for each operation will at all times be able to communicate by voice or through radio or 

cellular devices. 

8. Written or oral permission will be obtained from the landowners or their authorized agents of the 

land over which all flights will occur. 

9. All necessary permissions and permits will be obtained from all appropriate local governmental 

agencies. 
l 0. All UAS will have the capability to abort a flight in case of unexpected obstacles or emergencies. 

11. All UAS will be equipped with enhanced failsafe (return-to-home) technology. 

12. No UAS operations will present any national security issue. 

13. Satisti:tction of Section 333 's criteria (size, weight, speed, operating capabilities, proximity to 

airports and populated areas, operation within line of sight and national security) provide an adequate 

justification for the grant of the exemptions requested herein allowing Petitioner's commercial 

operation of UAS for the purpose of creating real estate; yacht; resort; event marketing photo and 

video media; security; aerial inspections; and education and training. 

Statutory Authority for Exemption 

Section 333, in reference to 49 U.S.C. § 44704, provides a mechanism for expedited operational 

authorization for the use of safe civil UAS operations in the National Airspace System ("NAS"). 

Specifically, Section 333(a) states that the FAA "shall determine if certain unmanned aircrafl 

systems may operate safely in the national airspace system before completion" of final rulemaking. If 

the Secretary of Transportation determines that certain UAS "may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in 

the national airspace system.§ 333(c). The FAA Administrator also has the general authority to grant 

an exemption if the Administrator finds the exemption to be in the public interest. 49 U.S.C. § 

44701 (f). The Federal Aviation Act (the "Act") expressly grants the FAA the authority to issue 

exemptions for exempt civil aircraft, as defined by§ 40 I 0 I of the Act, which includes an exemption 

tor small UAS from the requirement that all civil aircraft have a current airworthiness certificate. 

Requested Exemptions 

Petitioner respectfully requests relief from the following regulations: 

14 C.F.R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing 

design approvals, production approvals, airworthiness certificates, and airworthiness approvals. 

The Act and Section 333 both authorize the FAA to exempt aircraft from the requirement of an 

airworthiness certificate upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS. It is clear that Petitioner's UAS may 

be operated without an airworthiness certificate, in the restricted environment and under the 

conditions proposed in a manner as safe or safer than a conventional aircraft operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The small UAS to be operated hereunder (i) are less than 55 pounds fully loaded, (ii) carry neither 

pilot nor passengers. Unlike other civil aircraft, operations under this exemption will be lightly 

controlled and monitored by both the operator and in compliance with local public safety 

requirements. The FAA will have advance notice of all operations. Application of these criteria 

demonstrate there is no credible threat to national security posed by the UAS based on its size, speed 

and location of operation, lack of explosive materials, and inability to carry a substantial external 

load. 

61.113(a) and (b) Hoverflow will use specially trained staff to conduct UAS operations. While these 

individuals will not hold a commercial pilots licenses, they will have at least20 hours of flight lime, 

have conducted at least l 00 individual flights and read UAS manuals and operating procedures. In 
addition each PIC and YO will be required to sign a document conJirming the understanding of 

!-!overflow operating and safety policies and the granted I-I overflow exemption conditions of 

approval. The UAS will not carry property for compensation or hire since they will be used solely to 

provide our clients with aerial imaging. Without an exemption, the pilot would be required to hold a 

commercial pilot certiJicate under 61.133. However, the risk associated with the proposed operations 

is signi11cantly less than the risk posed by a traditional aircraft The UAS will fly at altitudes well 

below the permissible limits for other civil aircraft, eliminating the risk to other aircratl, and within a 

geographical envelope under the sole control of !!overflow and its clients. Requiring a commercial 

pilot certificate would provide no appreciable safely beneJit and would needlessly impose additional 

cost on I-I overflow. Because the proposed operations would not comply with 61.113(b) ( l) and none 

of the other exemptions to paragraph (a) apply, relief is needed from both (a) and (b). 

91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. 

As there will be no airworthiness ccrtiJicate issued for the UAS should this exemption be granted, no 

standard will exist for determining airworthiness. Petitioner will keep all UAS maintenance and 

safety inf(mnation at the pre-determined ground station, where it will be readily accessible to the PIC 

and visual observer. Based on the documents available at the ground station, the PIC will be able to 

make a determination as to the airworthiness of the UAS. 

91. 9(h )(2) prohibits the operation of U.S.-registered civil aircraft 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. 

Based on the FA A's Memorandum dated August 8, 2014, Petitioner does not believe exemption from 

9!.9(b) or 9!.203(a) and (b) is necessary. However, to the extent the FAA deems an exemption from 

these sections necessary for Petitioner's proposed operations, such exemptions should he granted. 

Petitioner's UAS are too small to safely carry the required manuals and placards. Additionally, as the 

UAS are unmanned, the manuals and other required inf(mnation is more useful to the PIC at ground 

control. 

91.1 03(b )(I) prescribes, in pertinent part, that each PIC shall, before beginning a night, become 

familiar with all available information concerning that flight. This information must include- (a) 

For a flight under instrument flight rules (IFR) or a flight not in the vicinity of an airport, weather 

reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be 

completed, and any known traffic delays of which the PIC has been advised by air traflic control 

(A TC); (b) For any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: (I) For civil aircraft for which an approved Airplane or Rotorcraft 

Flight Manual containing takeoff and landing distance data is required, the takeoff and landing 

distance data contained therein; and (2) For civil aircraft other than those speciJied in paragraph 

(b)(!) of this section, other reliable information appropriate to the aircraft, relating to aircraft 

performance under expected values of airport elevation and runway slope, aircraft gross weight, and 

wind and temperature. 

Petitioner will comply with all applicable requirements of 91.1 03(a) and (b) and requests relief from 

91.1 03(b)(l ). The PIC will review weather, flight and battery requirements, UAS performance data, 

and appropriate landing and takeoff distances before each flight. Any risks presented will be 

mitigated by the PIC's ability to see all nearby air trafJic and activate the UAS return-to-home 

procedures if necessary. 

91.119( c) prescribes that, "[e ]xcept when necessary fbr takeoff or landing, no person may operate an 

aircraft below the following altitudes: ... (c) Over other than congested areas. An altitude of 500 feel 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure." 
Due the nature of Petitioner's UAS activities filming and photographing, Petitioner requests relief 

fi'om 91.119(c) with respect to participating persons, vehicles, and structures directly involved in 

Petitioner's operations. Each UAS manual sets forth safety factors that will be used to ensure safe 

operation when in proximity to consenting participants. Petitioner will ensure that no UAS are 

operating within 500 feet of non-participating persons. 

91.121 requires, in pertinent pa1t, 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." 

Petitioner will not have a typical barometric altimeter on board the UAS. Instead, altitude 

information is provided to the UAS PIC through a digitally encoded telemetric data feed, which 

downlinks from the aircraft to an on-screen display on the ground. Prior to each flight, a zero altitude 

initiation point will be established and confirmed for accuracy by the PIC. 

91.151 prescribes, in pe1tinent part, that "(a) No person may begin 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-· (I) 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. (b) No 

person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes." 

91.151 provides for a safety reserve of fuel so that aircraft may timely land when fuel is running low. 

Petitioner will operate UAS until the earlier of a maximum of thirty (30) minutes or when 25% of 

battery remains. All UAS are additionally equipped with a low battery failsafe that allow the UAS to 

safely land when less than 20% battery remains. We feel that this combined with the fact the sUAS 

will only fly with visual line of sight ( 1500' from ground station) provides an equivalent level of 

safety. 

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it 

"(I) an appropriate and current airworthiness certificate [ ... and] (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the 

Aircraft Registration Application as provided for in § 47.31 (c)." 

91.203(b) prescribes, in pertinent part, that "no person may operate a civil aircraft unless the 

airworthiness certificate 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." 

91.405(a), 91.407(a) (I), 91.409(a)(l) and (2), and 91.417(a) and (b): 

Maintenance, Preventive Maintenance, and Alterations. 

We propose the PIC perform maintenance and inspection and "be authorized to approve the aircraft 

for return to service." As provided for in Appendix A, the PIC will inspect the aircraft prior to every 

flight ensure it is in airwmthy condition. A maintenance check will also be performed at intervals 

instructed by the manufacturer, DJ I. Any general maintenance and repair or replacement of 

components will be completed by the PIC following the manufacturer's recommendations and 

documented in accordance with 91.417. In any case where the UAS cannot be returned to service by 

the PIC, or is suspected to be unsafe, the UAS will not be operated until returned to all manufacture 

specifications. We feel that due to the simplicity, size, robustness and construction of the listed 

aircraft, the PIC can assure an equivalent level of safety. 
Conclusion 

This Petition for Exemption demonstrates the appropriate safeguards and criteria that Congress 

articulated in Section 333 including weight, speed, operating capabilities, proximity to airports, 

operation within VLOS and national security concerns. The proposed UAS operations will benefit 

the public as a whole by reducing human exposure to the risks associated with manned aircraft 

performing the acti vities. In consideration of the foregoing, this Petition for Exemption provides the 

FAA with more than adequate justification to allow commercial operation of Petitioner's small UASs 

for the purpose of creating real estate; yacht; resort; event marketing photo and video media; 

security; aerial inspections; and education and training. 

We appreciate your prompt consideration of our requested exemptions. Should you have any 

questions, or if you need any additional information to support the requested exemptions, please do 

not hesitate to contact the undersigned. 

H

;/7;;.

overflow, LLC 

~ 

Robert A. Mitchell, Owner 

32 Casselton road 

Raymond, Maine, 04071 

Phone (207)41 5-3858