1 

## Henry H. Perritt, Jr. Attorney at Law

1131 Carol Lane Glencoe, IL 60022 hperritt@gmail.com (312) 504

- 5001

19 November 2014

Hon. Michael Huerta Administrator Federal Aviation Administration U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain parts of the FARs

.

Dear Administrator Huerta :
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Hoovy LLC , a Califo rnia limited liability company, CA Secretary of State # 201428310042 , hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow it to opera te a small Unmanned Aircraft Sy stem (“sUAS”) under the conditions and limitations set forth in this Petition.

T he requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that ( 1) is limited
, ( 2) is predetermined
, and (3 ) would provide safety enhancements to the already safe
aerial adver tising operations using manned helicopter s and airplanes in the Los Angeles area . Approval of this exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe operation
of such aircra ft systems in the national airspace system.” Section 333(c) of the Reform
Act.2

The name and address of the applicant is:

Hoovy LLC
Attn: Henry H. Perritt, Jr. , counsel for Petitioner Telephone : (312) 504

- 5001
Email: hperritt@gmail.com
Address: 1131 Carol Lane, Glencoe, IL 60022

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61. 3

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.205(b)

14 CFR § 91.215

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b)3

Appendix 1 describes the FARs from which an exemption is requested and summarizes the justification for each requested exemption.

Th e Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the
Reform Act , which directs the Secretary of T ransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Administrator must 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 the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proxim ity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a).

I f the Admin i strator determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c).

The Secretary has delegated his aviation authority to the Administrator of the FAA.

The Federal Aviation Act expressly grants the FAA th e authori ty to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes sUASs

. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any
sections 44702

- 44716 of th e Federal Aviation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1).

The P etitioner is a startup company, Hoovy LLC, with local business contacts that seek new methods for advertising their businesses. The founder of the company received an
MBA from USC Marshall School and has vast experience in a erospace and in launching companies in the Los Angeles area. Prior to starting Hoovy LLC
, the founder launched Gametime, a startup mobile ticket app, in the Los Angeles area. Under his supervision the team grew to 20 people , engaged in a number of promotional campaigns using4

various advertising methods, and ultimately tripled its revenue. Prior to Gametime, the founder worked at Space Exploration Technologies (SpaceX) in developing its supplier network and establishing operations processes. The founder grew up in Los Angeles
and has a strong familiarity with the geographic area and is a productive member of a local community. Additionally, the founder has a strong interest in UA S s and has been recreationally flying them for approximately 1.5 yea rs, amassing over 100 hours of flight time

.

The Petitioner has formulated a business plan for an enterprise that will offer advertising services to businesses in the Los Angeles Metropolitan Area
, taking the form of banners towed by small unmanned a ircraft (“sUAS” or “microdrones”). Customers will include local businesses such as restaurants, bars, event planning companies, and other mom

- and

- pop shops who rely on local community to grow their
business.

Under the plan, the microdrones will be DJI Ins pires, DJI Phantom 2s or DJI Phantom 2 Visions, flying 2 foot by 5 foot banners. They will operate below 400 feet above ground level and never within 3 miles from an airport. They will operate only within the line of sight of the operator and will not operate in populated areas. Flights will be remote
from noise sensiti ve areas such as parks, schools, hospitals, and churches. Flights will be only conducted in permissible weather

– rain, snow, or winds above 12 mph will terminate the flights

. Additionally, f lights will occur only in pre

- assigned areas over open terrain that goes along the freeways and never above the freeways themselves (See Appendix 2)

. The microdrones will be operated by experienced professionals who have considerable experience flying microdrones. Prior to operating the drone
, every operator must go through the Petitioner ‘s training program, comprising four full days

o n safety and regulations, hands

- on training with a s maller drone, and finally hands

- on training with the Phantom 2.

Safety will be the paramount concern in defining flight profiles.

Th e Petitioner has been advised by counsel that its business plan is not now permissible
unless it obtain s special permission from the FAA. Many potential competitors of Petitioner are actively flying sUAS, notwithstanding the FAA’s stated prohibition.
Petit ioner also notes and has read the congressional mandate in section s 332 and 333 of
the FA A Revitalization and Reform Act of 2012 that the FA A move quickly to5

accommodate the economic and societal benefits that can result from widespread deployment of sUAS technology. A ccordingly, Petitioner applies for authorization
under the Federal Aviation Act and the FAR s to undertake the following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive advan tage if it , as it prefers, complies with FAA policy.

Vehicle
The Petitioner will fly one or more DJI Phantom 2s, DJI Phantom 2 Vision s equipped
with a three

- axis gimbal and GoPro camera , and eventually, DJI Inspires.

Th ese vehicle s have built in capabili ty to limit the height they fl y above the ground, to
limit the radius of the distance they fly from the operator, and to exclude them from class B, C, and D airspace. T he vehicle s also have the built

- in capability to return to the launching point if the wireless control link is interrupted or if t he operator attempts to
exceed any of the height, radius, or airspace limitations programmed into them

.

The vehicle weighs about five pounds empty and has a maximum gross weight of approximately twenty pounds . It has a top speed of about 30 kn ots . It has four fixed

pitch rotors , thrust from which is varied by changing RPM

. It is powered by a lithium polymer battery.

Flight profiles The petitioner will program the Phantom so that it will not fly more than 400 feet abov e ground level, or more than 1500 feet away from its operator

. Operators will carefully preflight the vehicle before each mission to assure that its c ompass and GPS system are properly calibrated and that the return

- to

- home feature, altitude, and radius limitatio ns work.

It will operate it on aerial advertising missions only over largely unpopulated areas where the potential of uncontrolled descent to cause injury or damage i s low

.

It will not operate it in controlled airspace . I n the unlikely event that a manned aircraft
flies below 400 feet AGL where the Petitioner i s operating its Phantom
, the operator will keep both the vehicle and manned aircraft in sight and avoid the manned aircraft.6

More particularly, the Petitioner will fly the Phantom only over the areas in Metropolitan Los Angeles specified in Appendix 2

. It is important to note that the Petitioner does not intend to use the Go Pro camera on
the Phantom 2 Vision for recording or photography purposes. The only reason that the camera is attached to the drone is because it comes pre

- assembled from the
manufacturer

. Therefore the privacy issue that is a concern in the drone industry is not applicable in this situation

.

Public interest Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of sUAS into the National Airspa ce System advances the public interest. The Committee Report leading the House to adopt H.R. 658 said:

"The successful integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS) can support more than 23,000 high

- paying jobs
in the United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ." 1

Granting the Petition represents a step toward such integration, in the absence of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

2. Granting the Petition will facilitate the c reation, display, and public distribution
of advertising, long recognized as advancing the public interest. They are
activities that the First Amen dment to the United States Constitution seeks to promote and to protect from governmental restrictions.

Advertising fall s well within the First Amendment’s protections. " Advertising, however tasteless and excessive it sometimes may seem, is nonetheless

1 H. R. Rep. 112

- 29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House

- Senate Conference Committee on the FAA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendments adopted by the Senate. Conference Report to Accompa ny H.R. 658, H.R. Rep. 112

- 381, 112th Cong., 2d Sess., at p. 1 (Feb. 1, 2012).7

dis semination of information as to who is producing and selling what product, for what reason, and at what price. So long as we preserve a predominantly free enterprise economy, the allocation of our resources in large measure will be made through numerous pr ivate economic decisions. It is a matter of public interest that those decisions, in the aggregate, be intelligent and well informed. To this end, the free flow of commercial information is indispensable." 2

3. Granting the Petition will enable new forms of advertising
, enabling the public to
know about and to understand new products and services , an activity essential to the effective functioning of markets, and therefore similarly within the core of First Amendment protections , according to Virginia State B oard of Pharmacy

. 4. Granting the Petition will allow local companies to spread awareness about their business more cost effectively and efficiently
, allowing them to grow their
business es , create employment opportunities, thereby benefit ting the community.
5. Granting the P etition will enable Petitioner to demonstrate the commercial viability of creating advertising with new aeronautical technology , thereby improving the efficiency of markets

. The rules from which Petitioner seeks exemption artificially and irrationally limit the effective use of new technologies to expand advertising and improve the efficiency of markets , thereby subverting the public interest.

6. Granting the Petition will fulfil l the FAA’s own declaration that encouraging new aviation technologies advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging and developing civil aeronautics, including new aviation technology." 3 Granti ng the Petition will enhance FAA fulfillment of that commitment, thereby serving the public interest. Air commerce flourishes in the United States because of the rapid pace of innovation in aeronautical and associated technologies, followed by their

commer cialization and their introduction into the marketplace. The drone technology tha t the Petitioner uses exemplifies the latest innovative leap forward

2 Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.
, 425 U.S. 748, 765 (1976)

.
3 FAA, Safety: The Foundation of Everything We Do, http://www.faa.gov/about/safety_efficiency/

.8

in aeronautical technolog y . Preventing it from using this in air commerce subverts achievement of the goal.

7. Granting the Petition will fulfill the Congressional determination that integrating sUAS technology into the NAS serves the public interest. Section 330 of the FAA
Modernization and Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in the National Airspace System, thereby repr esenting a congressional determination that the public interest is served by making these technologies more widely available at the earliest practicable date. The Petition represents a way for the FAA to move incrementally, while still satisfying its

congr essional mandate and meeting its obligation to enhance the public interest by making new technologies available by allowing the use of sUAS technologies in a manner that protects the public and the rest of the aviation community from significant risk.

The commercial activities by Petitioner proposed in the Petition represent contributions to new forms of air commerce, thereby fulfilling the FAA’s statutory mandate under the 2012 Act.

8. Granting the Petition will enhance aviation safety, thereby advancing the public
interest. The Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to aircraft in the National Airspace System and to persons and property on the ground. Many others are flying sUAS without regard to t hese hazards. Granting the Petition will offer the Petitioner up as an example of how the FAA is willing to accommodate the new technology when it is constrained by appropriate limitations to enhance safety. It will also allow the
Petitioner to be a role m odel for safe commercial sUAS operations.

Users of the National Airspace System are confronted by mushrooming threats
from sUAS flown in defiance of the FAA’s ban. Unless the FAA shows some flexibility to accommodate lawful and safe operation of sUAS for l egitimate commercial purposes, the level of defiance will increase, intensifying the hazards to manned aircraft and to persons and property on the ground.9

The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the
Reform Act r elating to size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight
, and national security. The Petition justifies grant of the requested exemptions to allow the Petitioner to engage in aerial advertising with its microdrone s

. Respectfully submitted,

Henry H. Perritt, Jr.
Counsel for Petitioner10 

## Appendix 1

FAR section Subject Justification 14 CFR § 45.23(b) Requirement to display registration number on vehicle Insufficient space on vehicle

14 CFR Part 21 Aircraft certification requirements and procedures Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 61. 3 Requirement for pilot certificate Part 61 requirements designed for manned aircraft, not sUAS; petition describes training for sUAS operator 14 CFR § 91.7 (a) Airworthiness requirement Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.9 (b) (2) Requirement for manual to be available in the cockpit No one aboard to read manual

14 CFR § 91.103(b) Requirement for crew members to be onboard Unmanned vehicle

14 CFR § 91.109 Requirement for dual controls during flight instruction No one aboard to operate controls

14 CFR § 91.119 Minimum altitudes for

sa fe flight Safety requires operation below these altitudes 14 CFR § 91.121 Altimeter settings No one aboard to read altimeter 14 CFR § 91.151(a) Fuel requirements Vehicle does not use fuel 14 CFR § 91.203 (a) & (b) Requirement for registration and airworthiness certificates to be onboard No one aboard to read certificates

14 CFR § 91.205(b) Cockpit instrument s No one aboard to read11 requirement instruments 14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load; will be
ope rated below ATC radar coverage 14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.407(a) (1) Inspection approval requirements Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; not suitable for off

- the

- shelf sUAS 14 CFR § 91.417 (a) & (b) Maintenance records requirements Designed f or manned aircraft; not suitable for off

- the

- shelf sUAS12 

## Appendix 2

Location 1

The Petitioner intends to fly the UAV(s) over, and well clear of, the 450 ft by 50ft stretch of plants and grass that grows along the Santa Monica Fwy E 10 (see below). The Petitioner intends to fly approximately 80 ft above the ground or about 25

- 50 ft above the tallest plant

. The surface of the proposed area provides sufficient space to ensure that the UAV would never have to fly above the freeway and would always fly abo ve an uninhabited piece of land

.

Location 2

The Petitioner intends to fly the UAV(s) over, and well clear of, the 150ft by 60ft stretch of plants and dirt along the Harbor Fwy N 110 (see below). The Petitioner intends to fly approximately 80 ft above ground or about 25

- 50 ft above the tallest plant

. The surface of the proposed area provides sufficient space to ensure that the UAV would never have to fly above the freeway and would always fly above an uninhabited piece of land.13

Loc ation 3

The Petitioner intends to fly the UAV(s) over, and well clear of, the 250ft by 75ft stretch of plants and dirt along the Harbor Fwy S 101 (see below). The Petitioner intends to fly approximately 80 ft above ground or about 25

- 50 ft above the tallest plant. The surface of the proposed area provides sufficient space to ensure that the UAV would never have to fly above the freeway and would always fly above an uninhabited piece of land.

Location 414

The Petitioner intends to fly the UAV(s) over, and well clear of, the 200ft by 50ft stretch of plants and dirt along the Harbor Fwy S 101 (see below). The Petitioner intends to fly approximately 80 ft above ground or about 25

- 50 ft above the tallest plant. The surface of the proposed area provides sufficient space to ensure that the UAV would never have to fly above the freeway and would always fly above an uninhabited piece of land.

Location 5

The Petitioner intends to fly the UAV(s) o ver, and well clear of, the 200ft by 50ft stretch of plants and dirt along the Harbor Fwy S 101 and Fwy N 101 (see below). The Petitioner intends to fly approximately 100 ft above ground or about 25

- 50 ft above the tallest plant. The surface of the proposed area provides sufficient space to ensure that the UAV would never have to fly above the freeway and would always fly above an uninhabited piec e of land.15

Map of all 5 locations