Petitioner:

Those Amazing Performers LLC

DBA Team AeroDynamix

110 Aviation Lane

Gold Hill, NC 28071

To:

U.S. Department of Transportation

DocketDocket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

Summary

Request for exemption from FAA FAR 91.319 (c) to permit Petitioner to fly over stadiums and other 

densely populated areas (DPA’s) in Experimental Amateur Built (EAB) aircraft.

Reason For Request

For decades aircraft of all certification types, have been performing flyovers for events to include NFL 

stadiums, NASCAR tracks, parades, other sporting events, and other venues, with large numbers of 

people attending. These have been occurring without incident with close coordination with the FAA, 

TSA, and the venue organizers. While the government sequestration was in effect, these flyovers were 

being conducted in large numbers by EAB’s in lieu of the military aircraft not being available.

In 2014, the FAA began issuing Letters of Investigation (LOI’s) to pilots of both EAB, and Experimental 

Exhibition aircraft siting possible violations of 91.319 (c). The position of the FAA in those letters stated 

that the planes were in violation of 91.319(c) by flying over densely populated areas (DPA’s). To our 

knowledge, no pilot was actually actioned for this activity. 

91.319(c)

Unless otherwise authorized by the Administrator in special operating limitations, no person may 

operate an aircraft that has an experimental certificate over a densely populated area or in a congested 

airway. The Administrator may issue special operating limitations for particular aircraft to permit 

takeoffs and landings to be conducted over a densely populated area or in a congested airway, in 

accordance with terms and conditions specified in the authorization in the interest of safety in air 

commerce.

Those Amazing Performers LLC 110 Aviation Lane Gold Hill, NC 28071 Confidential

678-571-9319 Cell 1 | Page mike.stewart@teamaerodynamix.com
Petitioners Review of 91.319(c)

The Petitioner disagrees with that position the FAA took with regards to 91.319(c). The regulation 

specifically provides for a path to allow EAB aircraft to fly over DPA’s. Our EAB Operating Limitations

issued under the authority of the FAA, specifically allow for flying over DPA’s and the specific 

requirements for doing so. Never the less, as a result of those FAA issued LOI’s to those pilots of EAB 

aircraft, Petitioner is requesting exemption from 91.319(c). Petitioner is not asking for relief of their EAB 

Operating Limitations. 

Why the Flyovers

Flyovers of stadiums have become a national tradition. Typically this is a flat pass over the stadium or 

other DPA, during a national anthem, a playing of taps with a missing man, or other patriotic reason. 

Invitees to those events have in fact come to expect these flyovers as part of the event, as they do other 

activities such as half time shows. Petitioner provides a valuable service in the matter of public interest. 

It is a matter of public interest as fly overs give our nation and its tax paying public, a sense of 

accomplishment and patriotism. The sight of our aircraft flyover over an event, represents freedom and 

power. It’s a patriotic message. It has been since planes started flying. Nothing gives the public a 

stronger message of being an American than a flyover of aircraft during the national anthem. It’s a

symbol of America. It’s a moving moment for all who witness it.

Petitioner provides a similar service as does the military in these flyovers. Its an opportunity for the 

venue invitees to see a demonstration of aircraft, professionally trained pilots, impressive planes, in an 

pass of smoke and noise, that the public has come to expect.

The Petitioner

The Petitioner is a professional airshow demonstration team, in business for over 13 years. We have 

been providing these flyovers incident free during that entire period. Out team has a very high demand 

on the pilots and plane for training, certification, and maintenance. Below provides a brief list of 

Petitioner qualifications and requirements that we require of every pilot and plane. All Petitioner aircraft 

are:

• EAB aircraft

• Inspected and signed off annually by multiple repairman certificate holders with specific 

detailed signoff requirements above and beyond what the FAA requires

All Petitioner Pilots are:

• Commercial or ATP certificate holders

• Class I or II medical holders

• FFI or FAST (FAA sanctioned) formation qualified wingman, flight leads or check pilots

• FAA 8710-7 Statement of aerobatic competency holders with endorsements in solo aerobatics, 

formation aerobatics, and night formation aerobatics

Those Amazing Performers LLC 110 Aviation Lane Gold Hill, NC 28071 Confidential

678-571-9319 Cell 2 | Page mike.stewart@teamaerodynamix.com
• Training regularly together, often daily, in formation activities requiring far more skill than any 

stadium flyover would require

• Flying airshows around the country where they are also flying over large assemblies of people, 

often hundreds of thousands, at 1000’, similar to a stadium flyover

• Part of formal training programs where Petitioners train others in formation flying, including 

large formations. 

In summary, Petitioner is already meeting and exceeding requirements for public airshow 

demonstrations for both pilots and EAB planes, day and night, over and near large gatherings of people, 

with the FAA’s approval and continuous review. Simply, if the petitioner meets the requirements for 

airshows, the Petitioner should be allowed to flyover stadiums that pose a significantly lower risk given 

the planes are not maneuvering abruptly.

Petitioner routinely is reviewed by others. The FAA reviews our planes and pilot credentials at every air 

show event. ICAS Aerobatic Competency Evaluators review each pilot in their EAB plane annually. FFI 

(Formation Flying Incorporated), an FAA sanctioned organization that issues formation cards, also has 

high standards and annual review requirements. 

Its worth noting that a gaggle of certificated aircraft, with no training requirements at all, can currently 

perform stadium flyovers. Surely is makes sense that equal treatment should be given to the Petitioner 

whom carries this level of training and experience in aircraft that are approved and reviewed by the FAA 

to perform in front of the public in formation in unusual attitudes.

Petitioner provides formal formation training to pilots around the country. Pilots nationwide seek out 

the Petitioner for their experience, professionalism, and training standards. Petitioner writes the 

training documents, provides the expert pilots for training, performs ground schools for formation

training, and performs evaluations in formation for air shows through the FAA sanctioned FFI 

organization. The petitioner has set the bar in formation training for over 10 years that pilots from 

around the country seek to learn from. Hundreds of pilots have attended the Petitioners professional 

formation training. We know of no other group that has trained more pilots to fly formation.

Petitioner has a history of performing these stadium flyovers safely for many years. We are highly 

experienced, thoroughly trained, competent to review and understand the environment of a stadium or 

DPA flyover, perform detailed briefings and debriefings as a matter of normal course of business, and 

takes each and every flight mission seriously. 

EAB Safety

EAB aircraft have been performing over, near, and around DPA’s for decades. There is nothing in the 

safety history of EAB aircraft that would indicate that stadium flyovers pose any new threat, or require a 

higher level of aircraft safety than do other operations like air shows. Most air show aircraft are in fact 

Experimentals, and there has not been an airshow spectator death in ~50 years. The safety record of 

these aircraft in a public demonstration environment speaks for itself. Further, the Petitioners aircraft 

are regularly subject to additional inspections by repairman certificate holders, and the FAA. Upwards of 

Those Amazing Performers LLC 110 Aviation Lane Gold Hill, NC 28071 Confidential

678-571-9319 Cell 3 | Page mike.stewart@teamaerodynamix.com
15 times a year, multiple FAA safety inspectors at air shows inspect our aircraft. Petitioner has never 

been grounded as a result of all of these inspections. Petitioner can think of no other part 91 operation 

that undergoes this much regular aircraft scrutiny and safety review by FAA inspectors. 

Summary

Stadium flyovers are a mainstay of sporting events and other large gatherings of people, and have been 

for decades. The public has come to expect these flyovers. In the wake of sequestration, and the 

reduced support of the military which is not likely to change anytime soon, it is in the public interest to 

continue to allow these demonstrations.

Petitioner is a highly experienced, professional air show team, flying EAB aircraft, seeking relief to 

91.319(c). Its clear from the information presented that we far exceed the requirements of an air show 

performer as pilots, are flying aircraft that fly safely in front of, and over, large gatherings of people 

including DPA’s week in and week out, and certainly exceed the requirements of certificated aircraft for 

conducting stadium flyovers. Given the much lower risk environment of stadium flyovers and other 

DPA’s as compared to air shows, and given the Petitioners demonstrated high level of training and skill 

in an air show environment, Petitioner should be granted relief to 91.319(c) by approving this request. 

Those Amazing Performers LLC 110 Aviation Lane Gold Hill, NC 28071 Confidential

678-571-9319 Cell 4 | Page mike.stewart@teamaerodynamix.com