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Exemption No. 10072 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the petition of 

TERRAFUGIA, INC. 

for an exemption from § 1.1 of 

Title 14, Code of Federal Regulations 

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Regulatory Docket No. FAA-2009-1087 

PARTIAL GRANT OF EXEMPTION 

By letter dated November 12, 2009, Mr. Carl Dietrich, Teirafugia, Inc., 5 Cranes Court, 

Wobum, MA 01801, petitioned the Federal Aviation Administration (FAA) for an exemption 

from § 1.1 of Title 14, Code of Federal Regulations (14 CFR), The proposed exemption, if 

granted, would allow the Terrafugia Transition® readable aircraft to be eligible for the issuance 

of a special airworthiness certificate in the light-sport category with an additional weight 

allowance for a four wheel light-sport aircraft (LSA) with folding wings intended for operation 

on public roadways (i.e., readable aircraft). 

The petitioner requests relief from the following regulation: 

Although the petitioner requests an exemption from §1.1, we find instead, for the operations 

requested, the petitioner will need an exemption from § 21.190(c)(2), which prescribes that: 

(c) Manufacturer's statement of compliance for Ughi-sport category aircraft. The 

manufacturer's statement of compliance required in paragraph (b)(l)(iii) of this section 

must— 

(2) State that the aircraft meets the provisions of the identified consensus 

standard; 

The petitioner supports its request with the following information: 

The petitioner seeks airworthiness certification in the special light-sport aircraft (SLSA) 

category under the ASTM International (ASTM) ligiit-sport airplane consensus standards for its 

Transition® readable aircraft. For their readable design to meet the applicable Federal Motor 

Vehicle Safety Standards (FMVSS) and still maintain a useful load equivalent to ether LSA, the 

petitioner has requested a maximum takeoff weight (MTOW) of 1,474 pounds (670 kg). 
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The petitioner states that aircraft designed for dual use operation have a higher minimum 

empty weight due to the design requirements of a vehicle with two very distinctive needs. 

Additional systems arc needed in a roadable LSA to provide dual fimctionaJity similar to LSA 

intended for operation on water. These systems include, but are not limited to, a ground drive 

system, independent of the propeller (such as a transmission and differential), automotive 

lighting, signals, suspension, brakes, mirrors and windshield wipers. The requested increased 

weight of 1,474 pounds (670 kg) is due to the addition of structure and components for these 

systems that not only provide increased fvmctionality, but also allow for the safe operation of the 

aircraft in both transportation modes. The additional safety features required for an automobile 

(such as side impact protection, roll cages and head restraints) also add to the increased weight of 

the aircraft. 

The petitioner states that while the additional safety features incorporated into the structure of 

the aircraft offer protection to the pilot in emergency landing scenarios they do not add any 

complexity to the operation of the aircraft. The petitioner believes that by giving pilots the option 

of diverting and safely continuing their trip on the groimd, a roadable LSA reduces the 

temptation to fly in marginal weather conditions. This has the potential to significantly reduce the 

number of visual flight rules (VFR) into instrument meteorological conditions (IMC) accidents 

and their resulting fatalities. Incorporating proven automotive crash safety features into aircraft 

fuselages could help reduce fatalities from accidents of all causes. 

A summary of the petition was published in the Federal Register on March 4,2010, 

(75 FR 42) and was assigned Docket Number FAA-2009-1087. The FAA received comments 

from four commenters. All comments were in favor of the relief requested by Terrafugia. Every 

commenter supported the petitioner's request for weight allowance for safety items to meet the 

Federal Motor Vehicle Safety Standards (FMVSS) for a roadable special category LSA. 

The FAA*s analysis is as follows: 

The FAA reviewed Terrafugia's petition and supporting infonnation, as well as 

information provided in comments submitted in response to the publication of a summary 

ot the petition in the J-ederai Kegister. Atter careful consideration, we find a panial grant 

of exemption, subject to specific conditions and limitations, would provide an equivalent 

level of safety to that of the regulation and would serve the public interest. This partial 

grant is for increased weight to accommodate roadable aircraft meeting the FMVSS 

requirements and is not intended to provide a weight increase for traditional 

configin-ations under LSA. The follovving is a summary of the FAA's analysis of 

Teiraftxgia's petition for exemption. 

The petitioner seeks an exemption so it can certificate its Transition® roadable aircraft 

with a special airworthiness certificate in the light-sport category. The SLSA category 

was created in 2004 with a 1,320 pound (600 kg) weight limit to provide for the 

manufacture of new aircraft conforming to acceptable consensus standards. The 

"Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft" final rule 
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(69 FR 44772) (sport pilot rule) was meant to address new sport and recreational aircraft 

that previously lacked suitable certification guidelines. 

In the preamble of the Notice of Proposed Rulemaking (NPRM), the FAA stated that it 

intended the rule to increase safety in the sport aircraft community by closing the gaps in 

existing regulations and by accommodating new advances in technology. Included was 

the development of consensus standards to address the unique design, production and 

continued operational safety aspects of light-sport category aircraft. 

As a member of the consensus standard body, the FAA can call for revisions to the 

consensus standard when the agency determines such revisions are necessary. The FAA, 

as all other participants, may propose changes to amend the consensus standards to 

address new technology, applications, or deficiencies. As part of the FAA's participation 

in the consensus standards development, the FAA will review proposed consensus 

standards prior to the issuance of a Notice of Availability (NOA). 

Each SLSA aircraft design must meet the consensus standards acceptable to the FAA. 

However, the existing consensus standards for LSA do not yet address roadable aircraft. 

The intent is for new or novel concepts in light-sport to gain operational experience as 

experimental aircraft while working with the ASTM F37 Committee for Light Sport 

Aircraft to develop the standards needed to address new or novel concepts. Terrafiigia is 

currently working with ASTM to accomplish this goal. 

The FAA has an established precedence for allowing 1,430 pounds (650 kg) under LSA 

intended for operation on water, which also have unique configuration characteristics that 

justify an increase in MTOW above the original 1,320 pound (600 kg) LSA limit. This 

petition is significantly different fiom previous requests for exernption to the LSA 

MTOW limitations, as the Transition® roadable aircraft design is unique and must 

simultaneously meet both sets of standards for ASTM and FMVSS. 

A partial grant of exemption by the FAA would allow certification of the Transition® as a 

roadable aircraft with a MTOW of 1,430 pounds (650 kg); otherwise, the aircraft would 

be required to meet acceptable consensus standards for conventional configuration SLSA 

aircraft with MTOW of 1,320 pounds (600 kg). We reviewed the information provided by 

Terrafugia, as well as that provided by the commenters to the petition for exemption. The 

FAA agrees with the commenters who inferred the safety of roadable aircraft is better 

served by allowing for the weight increase for safety features required for use while 

driving on the road. However, the FAA does not intend to extend this exemption to 

conventional configuration LSA for safety enhancing equipment (i.e., roll cages, ballistic 

parachutes, etc.). 

The data submitted by the petitioner supports the assertion for roadable aircraft, accidents 

in airplanes equipped with NHTSA-required safety features are more survivable than in 

similar airplanes without NHTSA-requircd safety features. The FAA intends to cooperate 
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with industry efforts to determine if appropriate design constraints in the consensus 

standard.? can further guarantee that roadable LSA have appropriate safeguards in the 

event of a failure in the transition from road to flight configuration. 

We find that, with the conditions and limitations .specified, this exemption provide.? an 

equivalent level of safety to that of an aircraft that ha.? been issued a special airworthiness 

certificate in the light-sport category. 

Thc FAA's Decision: 

In consideration of the foregoing, 1 find that a partial grant of exemption that grants relief to 

Terraliugia from having to meet the requirement of 1,320 pounds (600 kg) maximum takeoff 

weight (MTOW) for certification and operation of roadable LSA is in the public interest. 

However, I do not find that a grant of exemption is in the public interest for the certification of 

roadable LSA operating at 1,474 pounds (670 kg) MTOW. Therefore, pursuant to the authority 

contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, Terrafugia, 

Inc. is hereby granted an exemption from 14 CFR § 21.190(c)(2) to the extent necessary to allow 

Terrafugia Transition*?) aircraft, that otherwise meet the requirements of § 21,190, to be eligible 

for issuance of a special airwortliiness certificate in the light-sport category, having a MTOW of 

not more than 1,430 pounds (650 kg). 

Conditions and Limitations 

1. This partial grant of exemption applies only to the Terrafugia Transition® aircraft. 

2. Terrafugia, Inc. must supply each purchaser of a Transition® aircraft with a copy of this 

exemption. A copy of the exemption must be carried on board each Transition® aircraft 

certificated under the provisions of this exemption. 

3. Terrafugia must maintain a record of all owners of the Transition® aircraft certificated 

under the provisions of this exemption. 

Issued in Kansas City, MO, on May 27, 2010. 

Kim Smith, Manager 

Small Airplane Directorate 

Aircraft Certification Service