1. For example, from “Integration of Unmanned Aircraft Systems into the National Airspace System Concept of Operations V2.0, September 28, 2012”, Section 4.7.1.2, Flight Planning “...research of
unique performance envelope characteristics...”; from “FAA RE&D Panel, September 24, 2014”,
slide 64, Safety “...research on severity and likelihood of risk <including operations such as...
package delivery>... as well as the demonstrated mitigations” October 2 , 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21, Subpart H; 14 CFR 45.23 (b); 14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a) & (b); 61.315 (a) & (c); 91.7 (a); 91.119 (c) & (d) ; 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2);

and 91.417 (a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11

, Flirtey Inc. , the operator of small unmanned aircraft systems (sUAS) equipped to conduct delivery operations for the urgent medical , food and logistics industries and research and development 1 , hereby applies for an exemption from the listed Federal Aviation Regulatio ns (FAR) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exem ption would permit the operation of sUASs in low altitude airspace and provide safety enhancements to the already safe operations

of the urgent medical , food and logistics industr ies presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the F ederal Aviation Administration (F AA ) Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant:

Flirtey Inc.

Attn: Matt Sweeny

Ph: +1

- 415

- 341

- 7112

Email: mat t @flirtey.com

Addres s: 1664 N Virginia St, MS

- 199, Reno, NV 89557Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H, Airworthiness Certificates

14 CFR 45.23 (b), Aircraft Marking, Certification

, and Re gistration

14 CFR 61.23 (a) & (c), Medical Certificates

14 CFR 61.101 (e) (4) & (5), Recreational Pilot Privileges

14 CFR 61.113 (a) & (b), Private Pilot Privileges

14 CFR 61.315 (a) & (c), Sport Pilot Privileges

14 CFR 91.7 (a), Civil aircraft airworthin ess

14 CFR 91.119 (c) & (d) , Minimum safe altitude

14 CFR 91.121, Altimeter setting

14 CFR 91.151 (a) (1), Fuel requirements for VFR flight

14 CFR 91.405 (a), Maintenance and maintenance inspections

14 CFR 91.407 (a) (1), Operation after Maintenance, preventive maintenance, rebuilding and inspections

14 CFR 409 (a) (1) & (2), Inspections

14 CFR 417 (a) & (b), Maintenance records

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Ref orm Act. This law directs the Secretary of Transportation 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 Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or to the public, or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operation al capability

• Operation of the UAS in close proximity to airports and populated areas

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

Lastly, if the Secretary determines that such vehicles may operate safely in the NAS , the Secretary shall establish requirements for the safe operation of such aircraft in the NAS

.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is de fined under §40101 of the Act, that includes sUASs from the requirement that all civil aircraft must have a

current airworthiness certificate.

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 this title if the Administrator finds the exemption is in the public’s interest.Flirtey Inc. ’s sUASs are rotorcraft, weighting 55 or fewer pounds including its payload. They operate, under normal conditi ons, at a speed of no more than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight of the pilot in command (PIC)

, and will utilize a safety observer , or in line o f sight of safety observers in direct communication with the PIC . Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or to the public.”

Given the small size of the sUASs involved, the applicant fa lls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs, approval of the applicatio n presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of safety surrounding the proposed operations, the significant public benefits, enhanced safety, reduced environmental impacts, including reduced emissions, that are associated with allowing UASs for R&D and urgent medical , food and logistics delivery , the grant of the requested exemptions is in the public interest. Additionally, the Flirtey, Inc. UAS operations directly support humanitarian aid missions. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

Aircraft and Equivalent Level of Safety

The applicant prop oses that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe urgent medical , food and logistics delivery and UAS R&D operations conducted with conventional aircraft and helicopters.

• Limitations and Condit ions. These limitations and conditions to which Flirtey Inc. agrees to be bound when conducting urgent medical , food and logistics delivery operations under an FAA

- issued exemption include:

o Each sUAS will weigh less than 55 pounds.

o Flights will be operated within line of sight of a pilot and/or observer.

o Maximum total flight time for each operational flight will not exceed 60 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to

the 60

- minute lim it.

o Documents used by the operator to ensure the safe operation and flight of the sUAS and any documents required under 14 CFR §§91.9 and 91.203 will be available to the PIC at the ground control station of the sUAS any time the aircraft is operating. The se documents will be made available to the FAA Administrator or any law enforcement official upon request.

o Flights will be operated at an altitude of no more than 400 feet above ground level (AGL).

o Minimum crew for each operation will consist of the sUAS pilot and the visual

observer.

o The sUAS pilot will be an FAA

- licensed airman with a current valid driver license

.o The sUAS pilot will be the PIC.

o A briefing will be conducted in regard to the planned sUAS operations prior to each flight. It will be mand atory that all personnel who will be performing duties related to the flight be present for this briefing.

o Pilot and observer will have been trained in the operation of the sUAS and will maintain currency in its operation.

o Observer and pilot will be able to communicate by voice at all times.

o All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

o If the sUAS loses communi cations or loses its global positioning system (GPS) signal, the UAS will have the capability to terminate the flight plan, pause in

hover for a predetermined time and auto land.

o The sUAS will have the capability to abort a flight in case of unpredicted

ob stacles or emergencies.

o The radio frequency spectrum used for operation and control of the sUAS shall comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

o The sUAS shall be equipped with ine rtial navigation sensor(s) and gyroscopes.

o The sUAS shall be equipped with a compass (magnetometer/heading source).

o The sUAS shall be equipped with a GPS guidance system.

• Aircraft Model Information : Flirtey3.0

Flirtey3.0
Weight ( b attery i ncluded) Confidential operator manual will be provided separately

Hovering Accuracy Vertical:

Horizontal:

Max Angular Velocity Yaw:

Max Tilt Angle

Max Ascent Speed

Max Descent Speed

Max Speed

Max Flight Time Operating Temperature Range

Dimensions• Safety. Flirtey Inc. ’s sUAS multirotor aircraft have fail

- safe features to include geo fencing and lost

- link

- return

- home capability. Flirtey Inc. is a manufacturer of multirotor aircraft weighing less than 55 pounds and has developed tech nology that enhances safe sUAS operations within the NAS.

• Maintenance. The maintenance requirements under which Flirtey, Inc. agrees to be bound to operate under an FAA

- issued exemption include:

o The sUAS shall be maintained in accordance with the manufacturer’s

recommendations.

o Flirtey Inc. will document and maintain a record of the sUAS’s maintenance, preventative maintenance, alterations, status of all replacement and overhauled component parts, and total time in service. These records will be m aintained with the sUAS for the life of the aircraft or as required by FAA regulations.

o Flirtey Inc. shall comply with all manufacturer safety and service bulletins or equivalent documents pertaining to the sUAS aircraft.

o The PIC shall perform a preflight inspection of the sUAS, controller, and ground control station prior to each flight to ensure it is operational with no discrepancies. The sUAS will only be operated when all systems are operating per manufacturer’s specifications and in a discrepancy

- fr ee condition.

o Maintenance or repairs that may affect the sUAS ’s operation or flight characteristics shall undergo a functional test flight when required in accordance with manufacturer’s recommendations. This functional test flight shall be

recorded in th e sUAS’s records. When the functional test flight is completed successfully, the sUAS can be returned to service by the PIC.

o Flirtey Inc. shall follow the manufacturer’s sUAS maintenance, overhaul, replacement, inspection, and life

- limit requirements.

o Al l sUAS are identified by the serial number, registered in accordance with 14 CFR Part 47, and have identification (N

- number) markings in accordance with 14 CFR Part 45 Subpart C, except with respect to the size of the markings. Markings shall be as large as practicable.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and operating altitudes associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. Both the Federal Aviati on Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that an sUAS that is operated without an airworthiness certificate under the conditions proposed, will be at least as safe, or safer, than a conventional aircr aft(fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor passenger, and carries no explos ive materials or flammable liquid fuels. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and observer, under the requirements and in compliance with local public safety requirement s, to provide security for the area of operation as is now done with conventional urgent medical , food and logistics delivery . These safety enhancements, which already apply to civil aircraft operated in connection with urgent medical , food and logistics delivery operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21 Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. §45.2 3 (b) : Marking s of the Aircraft

The regulation requires that each UAS type be clearly marked. When aircraft markings on limited, restricted, or light

- sport category aircraft or on experimental or provisionally

- certificated

aircraft are limited to the Rom an capital letter N and the registration number, the operator must also display on that aircraft, near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words Limited

, Restricted

, Ligh t

- Sport

, Experimental , or provisional , as applicable.

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word experimental can be pla ced. Given the size of the sUAS, two

- inch lettering will be impossible. Instead, the word Experimental will be placed on the fuselage in compliance with 45.29 (f).

All aircraft operated in accordance with this exemption will be identified by serial number , be registered in accordance with 14 CFR Part 47 , and have identification (N−number) markings in accordance with 14 CFR Part 45, Subpart C. Markings will be as large as practicable

.

14 C.F.R. §61.23 (a) & (c): Medical Certificates: Requirement a nd Durat ion

Sections 61.23 (a) & (c) describe the requirements for medical certificates for commercial operations and the requirements for when a driver’s license may be used in substitute for a medical certificate. Because the sUAS will not carry a pilot or pass engers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC, that is operating the sUAS, to have a pilot certificate, inclusive of airline transport, commercial, private, recreational, or sport pilo t. Because of this broad range of certificates, an exemption is needed for 61.23 to allow the PIC to operate a commercial sUAS with only a valid driver’s license. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requ ested exceeds the present level of safety achieved.14 C.F.R. §61.101 (e) (4) & (5): Recreational Pilot Privileges and Limitations

Sections 61.101 (e) (4) & (5) limit recreational pilots to non

- commercial operations. Because the sUAS will not carry a pil ot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the sUAS to have a recreational pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial op erations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety.

14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit p rivate pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have at least a priv ate pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the op eration of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety.

14 C.F.R. §61.315 (a) & (c): Sp ort Pilot Privileges and Limitations

Sections 61.315 (a) & (c) limit sport pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have at least a sport pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlle d with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested wit h a sport pilot as the PIC exceeds the present level of safety.

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. As there will be no airworthiness c ertificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft, the requirements contained in the manufacturer’s manual for maintenance, and the use of safety checklists provided by Flirtey, Inc. during operator training prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. §91.119 (c) & (d): Minimum Safe AltitudesSection 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 feet AGL.

The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS. No flight will be taken without the permission of local officials. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum pounds propose d herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently existing with conventional aircraft. In addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS operati ons and the conventional aircraft operations that must comply with Section 91.119.

14 C.F.R. §91.121 : Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” The sUAS will use a barometric altimeter, and optionally laser altim e ter , an exemption may not be required . An equivalent level of safety will

be ach ieved by the operator, pursuant to the Flirtey Inc. s afety c hecklist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151 (a) (1): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a ) (1) prohibits an individual from beginning “a flight in an airplane under VFR (visual flight rules) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming nor mal cruising speed

– (1) During the day, to fly after that for at least 30 minutes.”

The battery powering the sUAS provides approximately 60 minutes of powered flight. To

meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be impo ssible. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the sUAS does not engender the type of risks that Section 91.151(a) was intended to alleviate, given the size and speed of the sUAS.

Applicant believes that an equivalent level of safety can be achieved by limitin g flights to 60 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.

14 C.F.R. § § 91.405 (a ), 91. 407 (a) (1 ), 91. 409 (a) ( 1) & (2 ), and 91. 417(a) & (b): Maintenance InspectionsThese regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall, between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that this section and Part 43 apply only to aircraft with an airwor thiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the manufacturer’s manual and operating handbook. An equivalent level of safety

will be achieved because these sUASs are ver y limited in size, will carry a small payload, and will operate only for limited periods of time. If mechanical issues arise, the sUAS will be operating from no higher than 400 feet AGL and can land immediately. As detailed in the Flirtey

Inc. safety che cklist, the operator will ensure that the UAS is in working order prior to initiating flight, perform all required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suit ed to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Publication in Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determin ed that publication is needed:

Applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR 45.23 (b); 14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a) & (b); 61.315 (a) & (c); 91.7 (a); 91.119 (c) & (d) ; 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); and 91.417 (a) & (b) to operate a small unmanned vehicle (55 pounds or less) in urgent medical , food and logistics delivery operations.