### SOLUTIOnS

The Honorable Michael P. Huerta Office of the Administrator Federal Aviation Administration 800 Ind ependence Avenue SW Washington, DC 20591 August 11 , 2015 

### The Honorable Anthony R. Foxx Offi ce of the Secretary US Department of Transportation 1200 New J ersey Ave., SE Wash ington, D C 20590 Stuart Showal ter Hover· Solut i ons CEO Hover So lutions , LLC. 4101 Chippendale Court Rockville , MD 20853



### RE: Hover Solutions s UAS Petition for Exemption Pursuant to FMRA Sec 333 

### and 14 

### CFR P art 11 Dear Administrator Huerta: H over Solutions, LLC (' H over So lu tions') hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 112

- 95 and 14 C.F.R. Sec. 11.81 to conduct commercia l flights using the DJI Phantom 3 Professional, 3DR Solo, DJI Phantom Vision 2 , DJI Insp ire 1, DJI Ma.tr i ce, and DJI S1000 sUAS for the following app l ications:

• Aerial Imaging & Videography • Event Aerial Videography • Aerial Mapping and Surveying • Aerial Inspection • UAS Educat ion • UAS Operator Training H over Solutions , therefore, seeks a request for exemption from airworth iness and the f ollowin g specific Title 14 C.F.R. provisions:

• 14 C.F.R. P art 21 • 14 C.F.R. 45.23 • 14 C.F.R. 61.113(a) (b)

Doc 10 : a0921 02dc3bf9a5266009b9fbb2f16a7e47064582

• 14 C.F.R. 61.133(a) • 14 C . F.R. 91.7(a) • 14 C . F.R. 91.9 • 14 C.F . R. 91.109(a) • 1 4 C.F . R. 91. 11 9 • 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) • 14 C . F.R. 91.203 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) T h e FAA has iss u ed grants of exempt ion in circumstances similar i n a ll materi al respects to t h ose presented in th is pet ition, specificall y Exemptions No. 11062 to Astraeus Aerial, 11 1 09 to Clayco , Inc . , and 11213 to Aeryon Labs, Inc.; and we t herefore request that our petition be granted without del ay. Additional simi lar exemptions include (cinematography) No . 11806, 11751 , 11541 , 11488 , 11 477, 11 440, 1140 1 , 11 362, and 11 270 a n d (v ideography) No. 11842, 11843, 11 845 , 11848, 11 850, 11820 , 11822, 11825 , 11826, 11829, and 11 833 . Hover So lutions has also provided support i ng documentation to include; a General O perations Man

ual ( Hover Solu tions Manual ') which is composed of ( 1 ) an operations manual , (2) flight manuals for each of the H over Sol ut i ons models; (3) an Op erator Training Manual , (4) a Maintenance and I nspectio n Ma nu al, and (5) an sUAS motion picture a n d televis i on ope r ations manual (M P T O M) . P l ease note that all the Hover Solut i ons Manual (includ i ng all of the above listed components) are clearly marked "Confidential" on each page and contain confidential commercial and proprietary information that H over Solutions has not and will not share with others who are not subject 

### to a " Nond isclosure Agreement" (N D A) . The re f ore, t h e H over Solu t ions Manual (i n cluding all components) are not available to the public and contain operati ng condit ions , procedures and other information that are protected from publ ic release or disclosure under the Freedom of Information Act 5 USC Sec. 552 et seq. 

### 1 Company D e scription This section responds to the specific requirements of 14 CFR Sec 11.81. H over Solu tions will provi de video, sens ing , and mapp i ng serv ices to indiv i d u als , organ i zations, and busi nesses us ing unmanned aerial systems, an d to train others in the effective, safe, and legal use of UAS . Mailing address and other contact information . ATTN: Stuart Showalter H over Sol utions, LLC 4 1 0 1 Ch ippendale Comt

Doc 10: a0921 02d c3bf9a5266009b9fbb2f16a7e4706458Rockville, Mary l and 20853 Email: stuart @ hoversolutions. biz 

### 2 Relevant Statutory Authority 3

Tlus exemption app lication is express l y s ubmitt ed to fulfill Congress' goal in pas s ing Section 333(a) through (c) of the P.L. 112

- 95 , the FAA Modernization and Reform Act ('Reform Act') . This law directs the Secretary of Transportation t o consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section**~~32** of the Reform Act. In making this determination, the Secretary is req uir ed to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of t he following:

• The UAS's s i ze, we i ght, speed, and operat i onal capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. 1 Lastly , if the Secretary determines that such vehicles "may op erate safely in the national airspace system, the S ec retary shall establish requirements for the safe operation of such aircraft in the national airspace system." 2 T h e Federal Aviat ion Act expressly grants the FAA the authority to issue exempti ons. This statutory authority by i ts terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certi ficate. 

### 3 Qualification for Approval Und e r S ec tion 333 of th e R e form Act The proposed operations in thi s petition for exempti on qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors are satisfied. The requested exemption would perm i t Hover Solutions to perform commercial operations under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or controlled as to access and 4) would provide safety enhancements to the a l ready safe operations in these industries presently using convent ional a ircraft. Approval of this exempt i on would thereby enhance safety and fulfill the Secretary of Transportation 's (the FAA Administrator's) responsibili

ties to "establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. Each H over Sol utions sUAS weighs 55 lb. or less including payl oad . Each Hover Sol utions sUAS operates under norma l cond it ions at a speed of no more than 87 knots . Each Hover Solutions sUAS has the capability to operate i n either Automatic ' or Manual' mode as described in the Hover Solutions JVIanual. 1 Public Law 112

- 95, ' FAA Modernization an d Reform Act' Section 333 (a) 2 Id. §333(c) .

Doc 10 : a0921 02dc3bf9a5266009b9fbb2f16a7e47064584 Generally H over Solutions sUA S operations will be b e lo w an altitude of 400 

### ft. A GL , within specific access-restricted areas , either within Clas s G a irs pace or with th e p e rmi ssion of ATC , usin g sUAS operated by Hover So lutions-qualified sUA S pilot s, and within the v is ual line of s ight of the operator an d observer. Such op erations will insure that the sUAS will "not create a hazard to users of the N ationa l A irs pac e S ystem or the publi c" as p er the FMRA 2012 Section 333. Given the size of the sUA S and the operating environment , this p et ition for ex emption m eets an equivalent lev el of safety, in which Congress envision ed that the FAA mu st, by exemption allow commercial op e ra t ions of UASs to comme nce immediat ely . Al so du e to the s iz e and envi ronment , approval of the application presents n o national security issue . Considering t h e clear direction in S ection 333 of the Reform Act, the a uthori ty cont ained in t h e Fed e ra l Aviation Act , as amended , the equiva l ent leve l of safety surrmmd in g the propo se d op er ations , and th e s ignifi cant public benefit d esc rib ed her ein , the grant of the r equ es ted e x e mptions is a lso in the public interest . 

### 4 Hover Solutions Description of Proposed Operations Hover Solutions operations will provide a l eve l of saf ety t hat is equ ivale nt to curr ent aviation standard s . Hov er Solutions saf ety procedures , risk assessments , and flight operations standards are describ ed in detail in t h e accompanying Hover Solutions Manual. In brief, the following procedures that apply during operat ions co nducted und er this ex emption r equ est, estab li sh a.n eq uivalent l evel of sa f ety (ELOS) as follow s : 1. Th e sUAS will we igh l ess than 55 lb. 2. Fligh ts will be operated within li ne of sight of a pilo t and/ or observer. 3. Flight s will occur durin g d ay lig ht hour s . 4 . Flights will occm during Visual F ligh t Rules Meteoro l ogical Conditions (VMC) . 5. Fligh ts will generally b e operated at an a l t i t ud e of no more t han 400 fe et AGL and within Class G airspace. Op erations in co ntrolled B , C, or D airspace will b e conducted in coordination with the proper FSDO and ATC with prior p ermis s i on. 6. Fligh ts will b e terminated at 25 % battery power reserve should that occur during the op eration . 7. All Hover Solutions s UAS will b e U.S. r egistered and di s pla y marks e ither in accordance with 1 4 C . F.R. Part 45, Subpart C or approved a l ternative markings . 8. Op er at ions will be conducted in defined regions and over property authorized for t his use by t . he landowner. All operations will remain within the geog r aphic bmmdari es of the op erati n g area. Most op e rations ma y b e conducted within the limitations of the b l anket COA authorization provided with 333 grants as of 3/ 23 / 201 5 . 9. All required p ermiss ions and p ermi ts will b e obtained from te rri torial , state , co unty or city jurisdictions, in clud ing lo ca l law enforce ment , fir e, or other appropriate government a l age n cies. 10. Th e operator will obtain the consent of all persons involved and en s ur e that on l y consenting persons will be allowed within 100 feet of the flight operation , and this rad ius may be reduced to 30 feet based upon an equivalent leve l of safety determination.

Doc 10: a0921 02dc3bf9a5266009b9fbb2f16a7e47064585 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activ it ies. I t will be mandatory that a ll personnel who w ill be performing d u t ies with in the boundaries of the safety perimeter be present for t h is briefing . 12 . Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer , and/ or the Camera Operator. 1 3. sUAS operat ion s u n der th is exempti on w ill be cond u cted u nder t h e superv is i on of a des i gnated pilot in command (PIC) who has fina l responsib ili ty for the operation and i n accordance with 14 C.F . R. 91.3 . All sUAS operators must have completed training on the normal , abnormal, and emergency procedures in the Hover Sol utions Manual and demonstrated proficiency with the sUAS bei ng o p erated . The PI C w ill meet at least t h e min imu m FAA sUAS reg u lations for licensure. Cunently, t h erefore, Hover So lut i ons PICs must possess at least a sport pilot certificate and hold a va li d U.S. driver's license . 14. sUAS Pilot will Le Pilot in Command (P I C). If a pi l ot certificate hol der other than the sUAS Pil ot, who possess t h e n ecessary PI C qu ali ficat ions, is also presen t (i . e. t h e V isual Observer ), that person can also be designated as the PIC . 15 . Observer and pilot will at all times be able to maintajn verbal communication , either directly or through electronic means. 1 6. Operators and eng ineer s w ill maintain t h e sUAS system in a condi t ion for safe operation according to the Hover Solutions Manual and associated manufacturer's maintenance manuals, including pre -flight and post -flight inspections . 1 7. The P I C and observers w ill maintain situational aware n ess and perceive, process, and p erf or m risk man ageme n t p rior to a n d d uring each ope r at ion as desc rib ed i n the Hover So lutions Manual. The P I C w ill termi nate the operation i n accordance with the Hover So lution."> l'v1anual if hazards that cannot be acceptably mitigated are observed . 1 8 . sUAS will safe l y stop oper at ing and either return home or auto-land at a safe locat ion along the fl ight path if the control link i s lost . 1 9. For each sUAS, the PIC w ill have the ability to f or ce a controlled landi n g at any time . Op e r at i on s fo r th e purpo se o f cl o s ed

- set m oti o n pi c tur e a nd te l ev i s i o n filmin g a nd production . 1. Th e Hover Solutions sUAS specific motion picture and tel evis ion operations manual (MP

TOM) will apply to closed

- set motion picture and television operations conducted under the exemption . 2 . At least 3 clays before aerial fi l m i ng, H over Sol utions will s u bmit a written Pl an of Activities to the local F li ght Standards D i strict Office (FSDO) w ith jurisdiction over the area of proposed filming . The plan of activities will include the following: • Dates and times for all fl.ights . • Name and phone number of the Hover Solutions point

- of

- contact for the UAS aerial filming to be conducted. • Name and phone number of the person responsible for the on - scene operation of the UAS.

Doc 10: a0921 02d c3bf9a5266009b9fbb2f16a7e 4 7064586 • Make, model, and seria l or N

- Number of UAS to b e used. • Name and certificate number of UAS PICs invo lved in the aerial fi l ming . • A statement that Hover Sol utions has obtained permiss ion from property owners and / or local officials to conduct the fi l m ing production event; the li st of those who gave permiss ion must be made avai lab le to the inspector upon request. • Signatme of Hover Sol utions CEO or representative. • A description of the flight activity, including map s or diagrams of any area, city, town, county, and/ or state over which filming will be conducted and the altitudes essential to accompl ish the operation. 3. Flight operations may be conducted closer than 500 fe et from participating persons consenting to be involved and necessary for the filming , as specified in the Hover So lutions sUAS MPTOM. I n addition to the above , Hover Solutions has implemented a Safety Management System. The H over So l utions Safety Manager is responsible for conducting safety audits, investigations , and inspections and is authorized to stop or proh ib i t any activity or operations wh ich is considered unsafe . Full details are availab le i n the Hover Solut i ons Manual. 

### 5 Regulations From Which Exe mptio n i s Reque s t e d 5 .1 Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors E xte n t of R e li ef Part 61, all sections. Reas on for Relief Because the UAS will not carry a p il ot or passengers, the proposed operations can achieve the equ i vale nt leve l of safety of cmrent operations by requiri ng t h e P I C operating the airc r aft to have at least a sport pilot 's license rather than a commercial pilot ' s license to operate these sUAS. Equivalent Level of Safety Un like a conventiona l ai rcraft t h at carries the p il ot and passengers , the sUAS is r emotely contro ll ed with no liv i ng thing on board. The area o f operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the General Operations :tv1anual (GOM) . The leve l of safety provided by the requirements included in the GOM exceeds that provided by a single individual ho lding a commercia l pilot's certificate operating a conventional aircraft. The risks assoc iated with the ope r ation of the sUAS are so diminished from the level of r i s k assoc i ated with commercial operations contemplated by Part 61 when drafted , that allow ing operations o f the sUAS as requested with a sport pilot certificate as the PIC exceeds the present level of safety achiev ed by 14 C.F.R. §61.113 (a) & (b) .

Do c 1 0: a0921 02d c3bf9a526 6 009b9fbb2f16 a 7e47064587 

### 5.2 61.113 Private pilot privileges and limitations: Pilot in command . Exte nt of Relief R el ief from requirement to possess a private or commercial pil ot's license for aerial work such as aerial survey a nd mapping. Reason for Re li ef §61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command of an a ircr aft for comp ensat ion or hire; (b) states that a private pilot may act as PI C if the flight is incid ental to business and does not carry passengers or property. Furthe rmor e , - 8900 .227 "U n manned Aircraft Systems (UAS) Op erational Approval" paragraph 16(c)(2)(c) " Op erat ions without a pilot certificate" states that a operations which conform to said paragraph may be performed by a PI C that does not possess a private pilots license bu t that has complete d FAA private pilot ground instruction and passed the FAA Private Pilot written test. In add iti on, there i s no means curr ently of obtaining a commerc ial rating for UAS . Thus, we require relief in order to perform aerial work. Public Be n e fit As described above, the public benefit includes exponential economic g row th, enhanced safety , and improved prec ision agricultur e capabilit i es. In general , commercial small UAS operations provide aerial services which are affordable to small businesses, something that would no t be possible without U

AS technology. Equivalent Level of Safet y Our operations fulfill all the requirements in N

- 8900.227 16(c)(2)(c) for operations without a private pilots license.



### 5.3 91.7 Civil aircraft airworthiness. Exte nt of Relief 91.7 , all provisions. Rea s on for R e lief Should the exemption be granted allow in g commercial operation of the sUAS without an airwor

thiness certificate , no standard will exist for airworthiness of the sUAS . Equival e nt L eve l of Safety Given the size and weight of these aircraft and the requirements co nt a in ed in the GOM , an equ iv a l

ent level of safety will be achieved by insuring comp li ance with the sUAS user manuals prior to each flight .

Doc I D: a0921 02dc3bf9a5266009b9fbb2f16a7 e47064588 

### 5 .4 91.119 , M in imum s af e altitud es : G e n er al. Exte nt of Re li ef Section 91.119 establishes safe alt i tudes for operation of civil aircraft . 91.119(c) l imits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas, and the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. R eas on for R e li e f To prov ide for these operat ions, the sUAS are normally operated at or below 400 feet AGL. In add ition, due to the nature of the proposed operations , the PIC and the observer may at t imes be less than 500 feet away from structures during the operation . Equiva l e nt L e v e l of S a f e t y The equivalent leve l of safety will be achieved g i ven the size , weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner or local officials . Because of the advance notice to the property owner and participants in the aerial activity, al l affected individuals will be aware of the planned flight operat ions. Compared to flight operations w ith aircraf t or rotorcraft weigh ing f ar more than the maximum 55lbs. desc ri bed above and the lack of flammable fuel, any risk assoc iated with these operations is far less than those presently conducted with conventional aircraft operating at or be low 500 AGL in other industries. In addition , the low

- altitude operations of the sUAS will ensure separation between these sUAS operat i ons and the operations of conventional aircraft that must comply with Sect ion 91.119 . 

### 5.5 91.121 Altime t e r S ett in gs Exte nt of Re li ef §91.121 R e a s o n fo r R e li e f As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemp tion may be needed. Equivalent Level of Saf e ty An equivalent leve l of safety will be ach i eved by the operator, pursuant to the GOM and the Safety Check list , confirming the a ltitude of the launch s ite shown on the GPS altitude indicator before flight.

Doc I D: a0921 02d c3 bf9a526 6 009b9fbb2f16 a 7 e470 6 4589 

### 5.6 91.151 , Fu e l re qui reme n ts f or fli g h t in V F R c ond itions. Extent of Relief §91.151, all provisions . R eas on for R e li e f The provision requires fuel sufficient for one ha lf hour flight beyond the destination . These sUAS, including todays longest endurance platforms, are unable to meet this requirement because of limited max flight times. Equiva l e nt L e v e l of S a f e t y An equ i valent level of safety can be ach i eved by limi t ing fl i ghts for the sUAS accord ing to the safety limitations described in the GOM . This restrict i on would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area . 

### 5. 7 91.405 , 91.407 , 91.409 , 91.417 Ins p e ction and M a int e nan ce Progr a m s Ext e nt of Relief §§91.405, Maintenance requ ired; 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records . Reas on for R e lief The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, FAA certified mechanics for sUAS do not at this present time exist , so full compliance is not possib le . The sUAS flown are modular and as such ent ire components includ ing eng ines and prope ll ers are minor replacements rather than major repairs. Finally, continuous minor a lterat ions and payload reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively impact airworthiness. Equiva l e nt L e v e l of S a f e t y I nspection and maintenance manuals are used to maintain the sUAS in airworthy condition . Each sUAS is maintained accord ing to the manufacturer standard or higher by technicians proficient in the bui lding , repair, and maintenance of the sUAS. Inspection and Maintenance manuals utilized contain all aircraft-relevant items as described in (43 Append i x D (Scope and Detail of Items) . Finally, maintenance records are maintained in the Operations Database; either on li ne on the Skyward Platform and are therefore immediate l y aud itable by regulators on demand, or as otherwise determined by Hover Solutions. 

### 6 Public Int eres t Hover Solutions believes that the enhanced safety achieved using a sUAS with the specifications described in this petition and supporting documents and by carrying no passengers or crew, rather

D o c I D: a09 2 102d c3 bf9 a5266 009b9fbb2f1 6a7 e470 6 4 5810 than a manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operations enabled by this exemption are in the public interest. The outputs of safe, reliable , and regulatory compliant operations of sUAS provide economic benefits historically unparalleled since the invention of flight, benefiting stakeholders at every level, both public and private. Lawful , safe aerial robotics operations will create new high-tech employment that will stim ulat e city and state governments; improv e industri es, create new small and l arge businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first

-responder capabilities. 

### 7 Privacy All flights will occur over private , limited , or restricted

- access areas with the property owner's prior consent and knowledge. Operations will be conducted by trained crew and all other individuals will either be a part of the operation or consent to be present at the time of operations. 

### 8 Federal Register Summary Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21 , subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate sUAS for c01mnercial use. 

### 9 Conclusion Hover Solutions seeks this exemption to conduct commercial operations using sUAS within restrictedaccess areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS development will be denied , and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operational characteristics are compliant with those described in the FMRA and FAA's guidance for Sec 333 exemptions. Hover Solutions respectfully requests that the FAA grant its petition for exemption from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC , via email at exemption @s kyward.io if you have any questions or concerns. Very Respectfully Yours,

Stuart Showalter Hover Solutions CEO

Doc ID: a0921 02dc3bf9a5266009b9fbb2f16a7e4706458