## Petitioner : Those Amazing Performers LLC DBA Team AeroDynamix
110 Aviation Lane Gold Hill, N C 28071



## To:
U.S. Department of Transportation DocketDocket Operations West Building Ground Floor, Room w12

- 140
12 00 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) a ircraft

. 

## Reason For Requ est 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 lar ge numbers of people attending. These have been occurring without incident with close coordination with the FAA, TSA, and the v enue organizers

. While the governm ent sequestration was in effect, these flyovers were being conducted in large number s by EAB ’ s in lieu of the military aircraf t not being available.

In 2014, the FAA began issuing Letter s of Investigation (LOI ’ s) to pilots of both EAB, and Experimental
E xhibition aircraft siting possible violations of 91.319 (c)

. The po sition of the FAA in those letters stated that the planes were in violation of 91.319 (c) by flying over densely p opulated 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
air way. 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 authoriz ation in the interest of safety in air

commerce.

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

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- 9319 Cell 1 | Page mike.stewart@teamaerodynamix.com

## Petitioners Review of 91.319(c)

The P etitioner disagrees with t hat 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 i s requesting exemption from 91.319 (c)

. Petitioner is not asking for relief of their EAB Operating Limitations.


## Why the F l yovers Flyovers of stadiums have become a n ational tradition

. Typically this is a flat pass over the stadium or

o ther DPA , during a national anthem, a playing of taps with a missing m an, 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 h al f 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

. I t’s a patriotic message. It has been since planes s tarted flying. Nothing gives the public a stronger message of being an American than a flyover of aircraft during the national anthem. I t’s a symbol of America. I t’s a moving moment for all who witness it.

Petitioner provide s a similar service as does the military in these flyovers. Its an o pportunity for the venue invitees to see a d emonstration 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 prof essional airshow demonstration team, in business for over 13 years. We have been providing these flyover s incident free during that entire period. Out team has a very high demand on the pilots and plane for training, certification, and maintenance. Below provide s a brief list of
P etitioner qualifications an d requirements that we r equire of every pilot and plane . All P etitioner a ircraft

are:

• EAB aircraft

• I nspected 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 :

• C o mmercial or ATP certificate holders

• Class I or II medical holders

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

• FAA 8710

- 7 Statement of aerobatic competency holder s with endorsements in solo aerobatics, formation aerobatics, and night formation aerobatics

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

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- 9319 Cell 2 | Page mike.stewart@teamaerodynamix.com• Training regularly together

, often daily, in formation activities requiring far m ore skill than any stadium flyover would requir e

• Flying airshows around th e country where they are also flying over large assemblies of people, often hundreds of thousands, at 1 000 ’ , similar to a stadium fly over

• Part of formal training programs whe re P e titioners train other s in formation fly ing, including large formations

. In summary, Petitioner is already meeting and exceeding requirements for public airshow demonstrations for both pilots and EAB planes, day and ni ght, 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 P e titioner s hould be allowed to flyover stadiums that p ose a significantly lower risk given the planes are not maneuvering abruptly

.

Petitioner routinely is reviewed by others

. T he FAA reviews our planes and pilot credentials at every air show event. ICAS Aerobatic Competency Evaluators review each pilot in their EAB plane annual ly. FFI (F o rmation F l ying Incorporated), an FAA sanctioned organization that issues formation cards, also has high standards and annual review requirement s.
Its worth noting that a gaggle of certificated aircraft, with no training requirements at all, can currently perform stadium fly overs. 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 a round the country. P ilots nationwide seek out the P etitioner for their experience , professionalism, and training standards . Petitioner writes the training documents, provides the expert pilots for training

, performs ground schools f or formation training
, and perf orms 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 . W e 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 fl ight mission ser iously.


## EAB Safety
EAB aircraft have been performing over , near, and around DPA ’ s for de cades. There is nothi ng in the safety history of EAB a ircraft that would indicate that stadium flyovers pos e any new threat, or require a higher level of a ircraft 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 i n a public demonstration environment speaks for itself. Further, the P etitioners aircraft

are regularly subject to additional inspections b y repairman certificate holders, and the FAA

. Upwards of

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

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- 9319 Cell 3 | Page mike.stewart@teamaerodynamix.com1 5 times a year, multiple FAA safety inspectors at air shows inspect our aircraft. Petitioner has never been grounded as a re sult of all of these inspections. Petitioner can th ink of no other p art 91 operation that undergoes this much regular aircraft scrut i n y and safety review by FAA inspectors

. 

## Summary
Stadium flyovers are a mainstay of sporting events and other large gatherings of people, and have bee n 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 pub l ic interest to continue to allo w these demonstrations.

Petitioner i s a highly experienced, professional air sho w 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 f ront of, and over, large gatherings of people including DPA ’ s week in and week out, and certa inly exceed the requirements of certificated aircraft for condu cting stadium flyovers. Given the much lower risk environment of stadium flyover s 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 LL C 110 Aviation Lane Gold Hill, NC 28071 Confidential

678

- 571

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