December 30th 2015 Hover Scene, LLC 106 East Carolyn Drive South Padre lsland,TX 78597

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Hoorn w12-140 1200 t,tew Jersey Avenrie, SE., Washington, DC20590



# VIA-FEPEEALEBCUMEbIW

Re: Exernption Request under Section 333 of

### the FAA Reform Act and Part 11 of 

### ihe Federal Aviation Regulations Dear Sir or Madarp: Pursuant to Section 333 of

### the FAA Modernization and Relorm Act

### of 2012 (lhe "Fieform Act") and 14 C.F.R. 

### Paft 11, Hover Scene, LLC, seeks an exemption from FederalAviation Regulations ("FARs") detaileci belovr forthefollowing described Unmanned Aerial System called inthis application 

### the ME Systenr,which includes an Unmanned Aircraft (UA) and ground station-based equipnrent and

## crew: i

### -
THE UNMANNED AIRCRAFT (UAi:

- A lightweight (20 lb gross weighi with all on-board equipment), manufactured by DJI; Phantom 2 &

## 3, lnspire 

## 1 that includes the following equipnrent inflight; -.An on-board flight computer with 

### GFS navigation and location abilitythat receives signals 

### lor fiight controls from a ground-based lransrnitter/controller,

-An on-board camera capabie of capturing imagery in 

### ihe form of full col6r, high definition still photos 

### and video;

-An on-board telemetry sysiem that deiivers tlight datafrom the on-board flight computer tothe on-board radiotransmitter including aliitude AGL, horizontal andverticai speed, cornpass direction of {light and direction back

### ic its launch siie; 

### 'A2.4GHz on-board radiotransmitter thattransmits live video from the on-board camera plus all theflight data frorn the telemetry system described above; THE GROUD STATIOhI_BASED PART OF THE SYSTEM: I

-A Pilot in"Command (PlC) in operational control of aflight operation from beginning to end and who controls 

### the UA while inthe air;


### - 42.{GHz radio transmitter/controller operated by

### the PIC to control

### the UA while inflight;

-A ?adio receiver receivjng live video and flight data from the on-board camera and computer projects it all together onto ascreen 

### lorthe plC to view during flight;

-A Visual Cbserver (VO) is a person who provides asecond pair 

### cf eyesto visually track the{UA while in

### fliEht.

# ' \The requested exemption would suppoi't anapplication for a commercial Certificate of

Authorization 

### to use 

### the above eiescribed ME System for aerial mapping, surveying, inspections, data acquisition for civil enEineering/government agencies, photography, cinematography, emergency management damage assessment and agricultural never operating over persons not directly involved with

### the ME system. The UA. powered by batteries, is srnaller, lighter and rnore maneuverable than larger aircraft running on combustible fuel, itoperates at lower aititudes with no people on board and will thereby reduce current :"isk levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With asmall payload and maxirnumflight time of 

### only 18 minutes, this is offers little or no 

### riskto national security: Low level oblique photos andvideo from several 

### angles are tar more effective than groundbased imagery for displaying the characteristics of large, complex properties with several buildings and iarge trees. The alternative eculd be to charter a lull-sized helicopter forthis purpose, which has prc,ren n"rore 

### co*tly than rnany potential clients are ableto af{ord. The benefits 

### of reduced 

### cosi and iinproveci quaiity of presentation from

### the UA will be valuable to and behefit many buyers and sellers 

### of real property and marine property. 'Additionally,we request that we be allowed 

### io use our system

### to benefit

### first responders nearby who might require assistance, including firetighters, the poiice, the sheriff, et al., while remaining subject to all limitations cited inthis application as we do so. 

### The l\lE System will beoperated inthefield with both a PIC and aVO inaccordance 

### with FAA Policy N 8900.227 Section 14 "Operational Requirements 

### for UAS" and withthe following Restrictions: a) Noflight 

### wili be rnade with a UA Gross weight exceeding 55 pounds; b) All operations must occur in FAA Ciass Gairspace at no nnorethan 400 ftAGL, at an airspeed 

### cf no morethan 50 knots and nofurther than 3/4 NM from 

### the PIC; c)All operations rnust utilize avisual observer (VO). The VO and PIQ mu6t beable to communicate by voice at alltimes during aflight

## operation; , r d) Operations will be restricted to flights over property with

### the permission of the property owner; e)

### The PIC must have accumulated and logged, in a manner consistent 

### with 14 CFR S 61.51 {b), a minimum 

### cf 100 Jlight cycles ancJ 25 hours of totaltime as

### a UA rotorcraft pilot ahd at least 

### ten hours Nogged as a tJA pilot vuith asinrilar 

### UAtype; f)

### All required permits will beobtained frorn state and local government prior to operation; g) The ME System wil! not beoperated over c{ensely populated areas; 

### h)The ME System will 

### nct beoperated at air shours; i)The ME System will not beoperated 

### ovei any open-air assembly of people; 

### j)The ME System will not beoperated over heaviiy trafficked roads; k) Operations will be restricted to day oniy andweather conditions equivalent to VFR; l)

### The PIC will briefthe VO and property owner about the operation and risk before thefirst flight at each new

### iocation:

. m) Noflight may be rnade withaut a Pre-Flight lirspection by

### the,plC before.each operation to ascertain that

### the UA is in a condiiion safefor

### flight (see Appen'Jix Ai. 

### t.

### The PIC and VO will meet

### the requirernents outlined in FAA Policy N 8900.227 Section i 6

personnel Qualifications. Additionally, 

### the PIC and VOwill perform maintenance onthe system andwill complete a course of maintenance instruction as part of their initialtraining. lVe submit that the combination of

### the UA's light weight,

### flight performance and ability, fully qualified flight crew and strict operation underthe guidelines established in

### 8900.227, and under all of

### the Restrictions (a) through (n) listed above, 

### the FAAcan havefull conlidence that the operation will have an equivalent or greater level of safetythan manned aircralt performing the sarne mission. The name and contact inforrn'ation of the applicant are: Hover Scene, LLC Ph:

## 956.371.2092 ) Email :aaron @hoverscene"com The regulaiions from which the exemption is requested are listed below. Beside each regulation number is

### the pagg ofthe attached Addendum uponwhich each may be found together with our proposbd eqLlivalent level of safety for eaci: regulation: '- 14 CFH

## Parl21 ..............Addendum 

### Fage .1


### - 14 CFR

## 91.203........ ......Addendum 

### Fage 1 

### - 14 

### CFR 45.23, 45.29............".............Acjdendum Page 2


### - 14 CFR

## 91.9............ .....Addendurn Page 2


### - 14 

### CFA 61..113, 61.133............".. .......Addendum Page 2


### - 14 CFR 

### 91.109,91.119, 91.121..............Addendum Page 3


### - 14 CFR

## 91.151 ........".....Addendum Page 3


### - 14 CFR Subpart E (91.401 

### - 91.417, ......Addendum page 3


### - FAA Policy 89oo.227 Paragraph 16(cXa) and 

### paragraph 16(e)(1)...Addendum 1 Vi/e are prepared 

### to modify or amend any part of this request to satisfy the needfor an equivalent level of safety. Please contact us at anytime ifyou require additional information or clarificalion. We look forward to working with your office.

Hover Scene, LLC, Aaron Russeii Addendum containing Exemption Fiequests anci Equivalent Level of.Safety Appendix A

## - Flight Manual's Appendix B

## - Owner's ftlanua!

### for UAADDENJDUM EXEfulPTIONI REQUESTS AND EQLJIVALENT LEVEL OF SAFETY
FJover Scene, LLC requests an exernption from thefollowing regulations as well as any additional regulations that rrray iechnicaily ar:ply to 

### ihe operation of

### the ME System: 14 CFR 

### Parl21, Subpart F.l:Airworihiness Certificates Thls pad establishes the procedures for the issuance of anairworthiness certificate. While the FAA continues 

### tc urork to develop airlryo*hiness standards for Unmanned Aerial Systems, we request an experirnental certificate be issued lor 

### the ME System under either or both of the following provisions: 21.1

## gl Experirnental certificates. Experimental certificates are issuerj for the foliowing purposes: (a) Research and 

### developmentiTesting new aircraft design concepts, new aircraft equipment, new aircraft installations, nevr aircralt operating techniques, or new usesfor aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations 

### io show compliance with 

### the airwofthiness reguiatians including flights to show compiiance for issuance gllYpe.anO supplemental type certificates, fiights to substantiate major design changes, and flights to show compliance with the functir:n and reliability requirements of thie regulations. .Since the 

### experimentalcertificaie can be used

### fcr commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental cefiificate lvould pern.lit or.rr coi,,rrr.ierciai purpose as well. The aircraft 

### will 

### noicarry persons or property, will not carryfuel, andwill only

### fly under strict operational requirements. Combined .'ruith

### ihe UA's lightweight, being 

### constiucied primarily of carbon fiber and plastic, !'/e propose tl':at tl-re UA will beat least as

### sife, if not safer, than a conventionally cerlificated aircraft perfcrming 

### ihe same mission. lf an experimental airwofihiness certificate is not appropriate forthis application, then we rpquest an exemption 

### of 14 CFR Part

### 2i, Subparl H, and 

### the requirement for anairworthiness certificate in Eeneral, citing 

### the equivalent levei of safety outlined inthe previous paragraph.
14. CFR 91.203(a) & (b) Civil aircraft: Certi{ications

# required. , i The regulaiion provides that anairworthirress 

### cefiificate,with

### the registration number assigned tothe aircraft and a reEistration 

### ceriificaie inust beaboard the aircrJft. Additionally, subparagraph (b) provides that the airworthiness 

### ceitificate be "displayed at the cabin or cockpif entrance so that 

### il is legible to pas-eengers or crew."At a maximuin gross weight of 6.5 pounds, th-e UA istoo 

# :TlLl| :"iry documentation, daes 

### nst

### hap an entrance, and 

### isnot capable cf canying passengef9 or

### crew To obtain an equivaient level of safety and meet

### the intent of

### gi.Z03, we propose that documents deenred appropriate forthis aircraft by

### the FAAwill be co-located with the crew atthe ground control station and available for inspection upon request. lnorder to icierytiiy 

### ihe aircraft, we propose thatthe information found on airwoithiness and registration certificates be pennanentiy aflixed tr:the aircraft via placard containing the followirig information plus the word "EXPERIMENTAL" to satisfy 

### the requirement 

### of

### t4'Cf C+s.23, which"follows immediately aft-er the prcposed placard description 

# below: iAppendix A

EXPERIMENTAL Manufacturer: DJI lnnovations, lnc. 950 E Baselina Ave. Ste. 210 Apache Junction AZ 85119 Models: DJI Pharrtom 2 &

## 3, lnspire 1 14 OFFI 45.23 Display of 

### rnarks;general and 45.29 Size of marks. These regulations provide 

### thal each aircraft must display "N" andthe aircraft's registration nurnber in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPEBIMENTAL" in letters at ieast 2 inches high nearthe entrance tothe cabin, cockpit, or pilot slation. 

### The U,Adoes not have an entrance inwhich the word "EXPERIMENTAL" can be placed, and rnay not have a rbgistration number assigned to it by

### the FAA. We propose

### to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in

### the placard onthe top ol the dircraft, as shown above, where 

### the PlC, VO and others inthe vicinity of

### the aircraft while it is preparing for launch will beable

### to see the designation. Additionally, wefeel that 

### the permanent placard discussed in

### the previous paragraph will provide the aircraft's registration informaticn atthe ground station. Finally, we will display atthe ground station a hlgh contrast flag or ba"nner that contains the words "Unrnanned Aircraft Ground Station" in letters 3 inches high or greaier. Since the aircraft will operate within 3/4 NM of the ground station, 

### the banner should be visible 

### to anyone that observes the aircraft and 'chooses 

### to investigate its point of origin.
14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate anaircraft unless a current, aipproved flight manual is in

### the aircraft. We assume that the intent ofthis requirement isto ensure that flight nnanual information is available tothe aircrew while operating the aircraft. We request an exemption to this requirernent since

### tlie aircraft is not onlytoo small to carry documentation, the docurnentation would not beavaiiable to the crew during flight operations.
To obtain an equivalent level of safety and meet 

### the intent of 91.9, we propose that a current, approved t.lA Flight Manua! iAppendrx A.i must beavailable tothe crew atthe ground station anytime 

### the aircraft is in, or preparing fcr, flight. 

### 14CFi 61.113 Prlvate 

### piloi privileges and limitations: Pilot in Comn'land and

## 61.133

# ' t Commercial piloi privileges and linritatlons. The regulaticn prcviclep that no person that holds a private piiot certificate may act 

### as'pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in comrnand 

### cf an aircraft in connection with any business or employment if: (1)The flight is only incidental 

### io that business or employment; and (2)The aircraft does 

### nolcarry passengers or property for compensation qr hire. I



### , Our propobed operations require that 

### the PiC must either 

## 1. Hold a Sport Pilot Certificate issued by

### the FAA, and have logged 25 hours offlight 'experience inthistype 

### of UA, 

### cr tions without a pilot certificate",in which the 

### plc !s required to cornplete "FAA private pilot ground instruction" and pass "the FAA' ....- Private Pilct written examination"" *9ince there are currently no means available for the pilot of aUAS to gain the experience inan equivalent caiegory and class inorder to applyfor a

commercial pilot's iicenser we propose to generate an equivalent level of safety by requiring our pilots to complete, at a rninlmum, F?A cornrnercial pilot ground instruction and pass 

### the FAA Commercial Pilot u;ritten examination inadditicn 

### io completing 

### the private pilot requirements. Since 

### ihe aircraft cannot 6arry passenEers or property, we feel we meet

### the intent of 61.113 Subparagraph (b) even though the intent af 

### ihis application isto conduct a business.
14 CFR 91.109 Flight lnstruction; Sirnulaied instrument flight and certain flightJests The regulation states that "No person may operate a civil aircraft that is being usedforflight instruction unlessthat aircraft hastully functioning dual controls." 

### The l\{E System ground-based coniroi station'consists 

### cf asmall hand-held radio transmitter and urhile it does not offer a seconci set ot "c,lntrols", boththe student and instructor can, and wi!|, operate 

### the single set of co'ntrols simultaneously. With both student and instructor having "hands-on" the controls duirlng flight. we feel that thistechnique meets the intent 91 .109 and provides an equivalent level o{ safety.
14 CFR 91.119 Mlnimurn safe altitudes: General. 

### The reQulation states that over sparsely populated areas

### the aircraft cannot be operated closer 

### .than 500feet

### to any person, vessel, vehicie, or structure. Since the aircraft will beoperating at a maximurn of

### 400leet AGL. we cannct compiy withthis requirement. lnorder

### to provide an equivalent level of safety wewill only fly over private property with permission of the owner cf the property flown over. The aircraft will not be operateid over congested areas or over any open alr assembly of persons. The property owner will be briefed on the expected rsute of {light and

### the associated risks 

### to persons and property onthe ground. The aircraft will be operated 

### ai a lavi altitude allowing, if a power unitfails, an emergency landing without undue hazerd to persons or property onthe surface. Therefore we maintain that dLle 

### io the srnall size of

### the UA, 

### the hazard

### to persons, vehicles and structures is minimai compared to nnanned aircraft, which should be considered in granting the exemption.
14

## CFi 91.121 A.ltimeter settings. The regulation requires that aircraft shall n"raintain cruising altitudes by reference to an altimeter seiting available within X00 hlM of tf"re

# aircraft. ' The UA will always 

### fly below 400 feet AGL and will not needto maintain cruising altitudes in order

### to prevent conflict with other aircraft. AnAbove Ground Level altimeter rneasurement abovethe takeoff point istransrniiteclvia radiofram

### the UA on-board computer 

### io the display scfeen held by

### the PlC, provid!ng a constdntly r-lpdated AGL readotit.
14 CFR 91 .151 Fuel requirereents 

### fcrflight inVFR conditions. 

### The regulaticn provides ti-rat 

### na perspn nra'l begin aflight inan airplane under day-VFR conditions unlessthere.is en'ough

### fuelto lly ta tNre

### firstpoint of intended landing and to

### fly after that for at least 30 minutes. We feel the intention ofthis paragraph is

### to provide an energy reserve as asafety buffer for delays to landing.

### The UA is battery operated and 

### the maximurp

. duration of flight frbm asingle battery chairge 

### is 18 rninutes with 

### a 2O"/" reserve. Since

# the ..r aircraft will never

### fly rncre than 

### 34 l\f'-4 from the poini of intended landing, afull battery charge atlaunch will ensure that we meet

### the reserve energy requirement of this paragraph. We request

an exernption tothe word "fuel" and ask for an equivalent interpretation with the word "energy".
14 CFR Subpart E (91 .401 - 91 .417) 

### - Maintenance, Preventive Maintenance, Alterations 

### The regulation provides that the operator is prirnarily responsible for maintaining the aircralt in an airworthy condition, including compliance with part 39 and

### 43. Paragraphs 9'l 

### .407 and 91.409 requirethat the aircraft be "approved for returnto service by a person authorized under 43.7" aller maintenance and inspection.
It is our intention that

### the PIC perform maintenance and inspection o{ the aircraft and "be authorized to approve the aircraft for return to service.",4s provided in

### the Pre-Flight Checklist in Appendix A.

### the PIC will ensure that the aircraft is inan airworthy condition prior to every flight and in addition conduct detailed inspeciions after everytwo hours of

### flight. Maintenance performed by

### the PIC is limited 

### ic repairing srnali cracks, replacing a propeller, checking electrical connections and updating softv;are and firmware forthe on-board computer. All other maintenance will be performed by 

### ihe rnanufacturer ortheir designated repair facility. 

### The PIC 

### willdocumdnt work performed inaccordance 

### wlth 91.41V. We 

### feelthat duetothe size, construction, and gimplicity of the aircraft, 

### the P!C can ensure an equivalent level of safety.
89OO.227 Paragraph 16(c)(4) PIC Medical. and Faragraph 

### 16(eX1)Observer Medical. 'This policy prorrides that both

### the PIC and

### VC rnust have avalid FAAsecond-class medical certificate issued uncier pari 67 in order 

### to perform. as a pilot or observer" 

### The UA maximum gross weight is 6.5 pounds, it is constructed of carbon fiber and plastic and 

### the PIG is not on board. Both 

### the PIC andthe VO are required to be inVLOS. Given the unlikely event that both 

### the PIC and

### V0 becorne rnedically incapacitated while 

### ihe aircraft is inflight, 

### the UA will return autonornously tothe site of launching and lanci without crew intervention. Therefore, requiring

### the PIC and VO

### to meet the same medical requirements as a commercial pilot carrying passengers ina large aircraft is an unnecessary burden. We propose that the minimurn medicai requirements for 

### the PIC and VO bevision corrected to 2Ol2A and avalid, state issued driver's license. The 2Ol2O vision requirem'ent wiil ensure that the PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate.a much larger vehicle.APPENDIX A

## - FLIGHT MANUAL

FLIGHT RESTRICTIONS a) Noflight 

### will be made with a l".JA Gross weight exceeding 55 pounds; b) Alloperations must occur in FAA Ciass Gairspace at no more than 

### 400'AGL, at anairspeed of no morethan 50 knots and no further than 

### 3/4 NM from

### the PIC; c)

### Alloperations must utilize avisual observer (VO). The VO and PIC must be able to communicate verbally at

### ailtirnes eruring a {light operation; d) Operations will be restricted to flights over property with

### the permission of

### the property owner; e)

### The PIC must have accumulated and logged, ina manner consistent 

### with 14 CFR S 61.51 {b), a minimum 

### of 100 flight cycles and 25 hours of total time as

### a UA rotorcraft pilot and at least 

### ien hours loggeC as a UA pilotwith asirnilar 

### UAiype; f)

### All required permits 

### will beobfained from state and local government prior to operation; g) The ME System will 

### noi beoperated over densely populated areas; h)

### ThetrlE.System will not be operated at airshows; i)

### The ME Systenrwill not beoperated 

### *verany open-air assembly of people; j)

### The ME System.will not be operated over heavilytrafficked roads; 

### k)The ME System will not be cperated within 

### 5 l{M of an airport or heliport; l) Operations will be restricted to day only and weather conditions equivalent to VFR; m)The PIC will brief 

### ihe VO and property owner about the operation and risk beforethe first flight at each new locat!on; n) No

### flight may be made without asuccessful 

### PrelFiight lnspection by

### the PIC before each operation to ascertain that 

### the UA is in a condition safefor

# flight. i PREFLIGHT CHECKLIST 1. Remote controller, aircraft battery, and mobile device arefully charged. 2. Propellers are rnounieei correctly and firmly. 

### 3. Micro-SD card has been inseded if necessary. 4. Gimbal isfunctioning as normal. 5. Motors can start and arefunctioning as ncrmal. 6. DJI Pilot app connected tothe aircraft. 

### TO REGAIN CONTROI-,AFTER LOST RADIO

# CONTACT

, lf radio contact is lost and 

### noi resiored within 3 seconds, an automatic Return

### to Homefeature is activated and will bring

### the UAV backto

### the PlC.

,'