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, DC 20590

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 for the following described Unmanned Aerial System called

in this 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 in flight;

-.An on-board flight computer with GFS navigation and location ability that 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 data from the on-board flight computer to the

on-board radio transmitter including aliitude AGL, horizontal and verticai speed, cornpass

direction of {light and direction back ic its launch siie;

'A2.4GHz on-board radio transmitter that transmits live video from the on-board camera plus

all the flight 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 a flight operation from beginning to end and

who controls the UA while in the air;

- 42.{GHz radio transmitter/controller operated by the PIC to control the UA while in flight;

- A ?adio receiver receivjng live video and flight data from the on-board camera and computer

projects it all together onto a screen lor the plC to view during flight;

- A Visual Cbserver (VO) is a person who provides a second pair cf eyes to visually track the{UA

while in fliEht. ' \
The requested exemption would suppoi't an application 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, it operates 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 a small payload and maxirnum flight time of only 18 minutes,

this is offers little or no risk to national security:

Low level oblique photos and video 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 for this

purpose, which has prc,ren n"rore co*tly than rnany potential clients are able to 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 fire tighters, the poiice, the sheriff, et al., while

remaining subject to all limitations cited in this application as we do so.

The l\lE System will be operated in the field with both a PIC and a VO in accordance with FAA

Policy N 8900.227 Section 14 "Operational Requirements for UAS" and with the following

Restrictions:

a) No flight wili be rnade with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Ciass G airspace at no nnore than 400 ft AGL, at an

airspeed cf no more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations rnust utilize a visual observer (VO). The VO and PIQ mu6t be able to

communicate by voice at all times during a flight 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 total time as a UA rotorcraft pilot ahd at least

ten hours Nogged as a tJA pilot vuith a sinrilar UAtype;

f) All required permits will be obtained frorn state and local government prior to operation;

g) The ME System wil! not be operated over c{ensely populated areas;

h)The ME System will nct be operated at air shours;

i) The ME System will not be operated ovei any open-air assembly of people;

j)The ME System will not be operated over heaviiy trafficked roads;

k) Operations will be restricted to day oniy and weather conditions equivalent to VFR;

l) The PIC will brief the VO and property owner about the operation and risk before the first flight

at each new iocation: 

.

m) No flight may be rnade withaut a Pre-Flight lirspection by the,plC before.each operation to

ascertain that the UA is in a condiiion safe for 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 VO will perform maintenance on the system

and will complete a course of maintenance instruction as part of their initial training.

lVe submit that the combination of the UA's light weight, flight performance and ability, fully

qualified flight crew and strict operation under the guidelines established in 8900.227, and under

all of the Restrictions (a) through (n) listed above, the FAA can have full conlidence that the

operation will have an equivalent or greater level of safety than 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 of the attached Addendum upon which 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

- 1 4 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 need for an

equivalent level of safety. Please contact us at any time if you 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 UA
ADDENJDUM EXEfulPTIONI REQUESTS AND EQLJIVALENT LEVEL OF SAFETY

FJover Scene, LLC requests an exernption from the following 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 an airworthiness 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 uses for 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 carry fuel, and will only fly under strict

operational requirements. Combined .'ruith ihe UA's light weight, being constiucied primarily of carbon fiber and plastic, !'/e propose tl':at tl-re UA will be at least as sife, if not safer, than a

conventionally cerlificated aircraft perfcrming ihe same mission.

lf an experimental airwofihiness certificate is not appropriate for this application, then we

rpquest an exemption of 14 CFR Part 2i, Subparl H, and the requirement for an airworthiness

certificate in Eeneral, citing the equivalent levei of safety outlined in the previous paragraph.

14. CFR 91.203(a) & (b) Civil aircraft: Certi{ications required. , i

The regulaiion provides that an airworthirress cefiificate, with the registration number assigned

to the aircraft and a reEistration ceriificaie inust be aboard 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 is too

: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 for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. ln order to icierytiiy ihe aircraft, we propose that the 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: i
Appendix 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" and the 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 near the entrance to the cabin, cockpit, or

pilot slation. The U,A does not have an entrance in which 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 on the top ol the dircraft, as shown above, where the PlC, VO and others in the

vicinity of the aircraft while it is preparing for launch will be able to see the designation.

Additionally, we feel that the permanent placard discussed in the previous paragraph will

provide the aircraft's registration informaticn at the ground station. Finally, we will display at the

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 an aircraft unless a current, aipproved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

nnanual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirernent since tlie aircraft is not only too small to carry documentation, the

docurnentation would not be avaiiable 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 be available to the crew at the 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 pilot to 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 of flight 'experience in this type 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 a
UAS to gain the experience in an equivalent caiegory and class in order to apply for 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 in additicn 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 is to 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 used for flight

instruction unless that aircraft has tully functioning dual controls."

The l\{E System ground-based coniroi station'consists cf a small hand-held radio transmitter

and urhile it does not offer a seconci set ot "c,lntrols", both the 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 this technique 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 500 feet to any person, vessel, vehicie, or structure. Since the aircraft will be operating at a

maximurn of 400leet AGL. we cannct compiy with this requirement.

ln order to provide an equivalent level of safety we will 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 on the ground.

The aircraft will be operated ai a lavi altitude allowing, if a power unit fails, an emergency

landing without undue hazerd to persons or property on the 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 need to maintain cruising altitudes in

order to prevent conflict with other aircraft. An Above Ground Level altimeter rneasurement

above the takeoff point is transrniitecl via radio fram the UA on-board computer io the display

scfeen held by the PlC, provid!ng a constdntly r-lpdated AGL readotit.

14 CFR 91 .1 51 Fuel requirereents fcr flight in VFR conditions.

The regulaticn provides ti-rat na perspn nra'l begin a flight in an airplane under day-VFR

conditions unless there.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 of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The UA is battery operated and the maximurp 

.

duration of flight frbm a single 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, a full battery charge at
launch will ensure that we meet the reserve energy requirement of this paragraph. We request

an exernption to the 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 require that the aircraft be "approved for return to 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 in an airworthy condition prior to every flight

and in addition conduct detailed inspeciions after every two 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 for the on-board computer. All other

maintenance will be performed by ihe rnanufacturer or their designated repair facility. The PIC

willdocumdnt work performed in accordance wlth 91.41V. We feelthat due to the 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 a valid FAA second-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 and the VO are required to be in VLOS. Given the unlikely event that both

the PIC and V0 becorne rnedically incapacitated while ihe aircraft is in flight, the UA will return

autonornously to the 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 in a large aircraft is an unnecessary burden.

We propose that the minimurn medicai requirements for the PIC and VO be vision corrected to

2Ol2A and a valid, 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) No flight will be made with a l".JA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Ciass G airspace at no more than 400'AGL, at an airspeed

of no more than 50 knots and no further than 3/4 NM from the PIC;

c) Alloperations must utilize a visual 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, in a 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 pilot with a sirnilar UAiype;

f) All required permits will be obfained from state and local government prior to operation;

g) The ME System will noi be operated over densely populated areas;

h) The trlE.System will not be operated at air shows;

i) The ME Systenr will not be operated *verany open-air assembly of people;

j) The ME System.will not be operated over heavily trafficked 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 before the first

flight at each new locat!on;

n) No flight may be made without a successful PrelFiight lnspection by the PIC before each

operation to ascertain that the UA is in a condition safe for flight. i

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are rnounieei correctly and firmly.

3. Micro-SD card has been inseded if necessary.

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as ncrmal.

6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROI-,AFTER LOST RADIO CONTACT ,

lf radio contact is lost and noi resiored within 3 seconds, an automatic Return to Home feature

is activated and will bring the UAV back to the PlC.

,'