UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547

Kelly n eubecker@uasolutionsgroup.com

Ju ly 2 9
, 2015
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re : Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary On behalf of our clients, XFLY, LLC and p ursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”) , Subs ec ti on ( f ) of 49

U

. S

. C

. § 44701
, and 14 C.F.R. Part 11
, XFLY, LLC

. ( hereafter known as the “Petitioner”)

, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to conduct full service
photography
, videography , and Motion Picture filming s eeks exemption from the following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the previously approved

XFold Cinema within the N ational A irspace System (NAS) for controlled, low

- risk
, Motion

Picture and telev ision filming
, including closed set filming, flight demonstration and training

o ver certain areas of the United States
, conducted within and under the conditions outlined

herein
, or as may be established by the F AA, as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of

the XFold Cinema s UAS by Petitioner under controlled conditions in predetermined airspace that

is 1) Limited in scope 2 ) Controlled as to access by mission essential personnel only and

3 ) Provides improved safety controls and efficiency to the filming industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the2

Se cretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system” as stated within Section 333(c) of the FMRA. In making this determination, the Secretary is required to determine which types of s UAS do no t create a hazard to users of t h e NAS or the public or pose a threat to national security in light of the aircraft’s size, weight, speed and operational capability; Operation of the s UAS in cl ose proximity to airports and population centers; Operation of a s UAS within visual line of sight of the operator.

Grant of t h e requested exemption is in the public interest based upon the concise direction expressed within section 333 of the reform act; the added authority granted by the Act, as amended; an equivalent level of safety regarding flight operations as expressed herein, and significant cost savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner resp ectfully requests that the FAA grant the requested exemption without delay. Petitioner will operate the XFold Cinema sUAS while keeping the documents required by

the regulations at the ground control station and immediately accessible to the P ilot i n C ommand (PIC) and by modification of the required markings (registration n umber) of the s UAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

XFLY, LLC

The primary contact for this petition, with a copy to me at the address above is :

TJ Diaz XFLY, LLC 882 Homestake Ct. Castle Pines, CO 80108

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121,
g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a), i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and3

k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background XFLY, LLC is a Colorado based company specializing in Remote Operated Aerial Image Acquisition with extensive experience in sUAS Technology used for capturing HD Video up to

6K resolution

. XFLY, LLC ’ s sUAS s for the purposes of this petition is the XFold Cinema

. The XFold

Cinema meet s the requirements for determination of Summary Grant for exemption as it has been previously approved in Exemption No 11532

. All operational manuals have been previously submitted and reviewed by the FAA.
XFLY, LLC w ill operate only within v isual line of sight (VLOS) and during daylight hours in Visual Flight Rules (VFR) conditions. Additionally
, XFLY, LLC will operate only

within the parameters defined in the blanket Certificate of Authorization (COA) issued by the

FAA under the new interim policy. In the event any XFLY, LLC operation exceeds the 200 foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to flight operations. Such requirements will insure that the sUAS will “not create a hazard to users of the national airspace system or the “public” as stated

in Section 333 of the FMRA.

D. Airworthiness A critical element of consideration for grant of the petition is evidence of an equivalent

level o f safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft from the requirement for an actual airworthiness certificate in accordance with the statutory criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation. ,
Also, in accordance with FAA N 8900.291, Petitioner ha s an established inspection and maintenance program for the continued airworthiness of the aircraft in accordance with the
manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for

the aircraft and aircraft components.
XFLY, LLC ’s standard operating procedures are detailed within the Flight Operation Limitations and Safety section on page 9.

E

. XFold Cinema Professional Operational Capabilities4

Petitioner seeks an exemption to operate the XFold Cinema for limited approved

com mercial pu r poses within the NAS 1

. The XFold Cinema are multi

- rotor sUAS aircraft comprised of a VTOL UA and a transportable GCS. The XFold Cinema d o es not carry any flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the XFold Cinema
, have the capability to operate safely after experiencing

certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with

pre

- coordinated automated flight maneuvers.

F. Regulatory Basis for Petition

Petitioner
, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft Systems ( “ Section 333 ” )
, hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 333 Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational

authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational

authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by

section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”

Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does

1 XFLY, LLC will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.
2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?
3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).5

not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section 333(b) (2)

. 2. 49 U.S.C. § 44701

T he FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and

S ections 44702

- 44716). 5

For the reasons addressed herein
, this Petition q ualifies for expedited approval of

Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.
G. XFold Cinema Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior operational capabilities
, and that the operations will be conducted only during the day, under visual meteorological conditions ( “ VMC ” ), within V LOS of the PIC, with the assistance of a

visual safety observer ( “ VO ” )
, and confined within the boundaries of a consenting landowner’s
property and not in the proximity of airports or populated areas , the XFold Cinema is the very
category of sUAS that qualifies for expedited approval under Section 333

. 1

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to
low risk a reas and in accordance with the blanket 200

- foot COA requirements at an altitude of no more than 200 feet above ground level (AGL). In the event a XFLY, LLC operation is required to

exceed the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to operations at an altitude of no more than 400

feet AGL. All altitudes reported to ATC will be in AGL when required and a ny operations

cond ucted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )
, t h e “ A d m

i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m

p ti o n is i n t h e p u b lic i n te r e s t

. ”
5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon request. In addition, a ccess to any property will be limited to persons associated with and necessary to flight operations.

2

. Visual Line

- of

- Sight The minimum crew for each operation will consist of a PIC and VO . The VO will be used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always

maintain VLOS with the sUAS

. T he XFold Cinema will at all times be flown by Petitioner only in the daytime (not at night) under VMC
, within VLOS of the PIC
, with the further

assistance of the VO with whom the PIC will have the ability for direct and continuous two

way verbal communication s 6 so as to ensure that the flight operations remain w i t h i n the PIC’s

VLOS and prescribed flight boundaries and de

- conflict with objects in the air and on the ground. Thus , pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of control and collision avoidance to satisfy the “ see and avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs will be used

.

3

. Other Factors

a. XFold Cinema S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th ese particular s UAS s

. The XFold Cinema is characterized by a high degree of pre

- programmed
control, various built

- in technical capabilities that limit the potential for operation outside of the operating conditions as set forth below, and many built

- in functional, safety and re dundancy

features to ensure a safe and reliable operation. At a minimum: geo

- fencing at a maximum ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to the operator to prevent a "fly away," and safe abort proc edures. If the XFold Cinema loses communications or its GPS signal, it will return to a pre

- determined location and land or be

recovered in accordance with the User’s Manual. The XFold Cinema will have markings identifying the serial number and identification (N

- number) markings as large as practicable.
Further, XFLY, LLC operation s will comply with all manufacturer Safety Bulletins.

6 PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment7 b

. Safety Management System A Safety Management System (SMS) approach will regulate Petitioner ’s operation of

the XFold Cinema and will significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from which Petitioner now seeks

relief.

Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)
, each

person performing maintenance, alteration, or preventive maintenance on the XFold Cinema
, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the

current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by

its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.

Each person shall use the tools and e quipment necessary to assure completion of the work in

accordance with accepted industry practices.

c. Flight Operation L imitations and Safety In seeking this exemption, Petitioner proposes to operate the XFold Cinema pursuant to
the following specific operating limitations :

1. The UA must weigh less than 55 pounds, including energy source(s) and equipment.

2. The XFold Cinema shall only be operated at or below 2 00 ft AGL , unless a separate COA specific to the airspace required for that operation is obtained prior to operations at an altitude of no more than 400 feet AGL.

3. The XFold Cinema shall be operated within VLOS of the PIC and safety VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.

5. The XFold Cinema shall be operated pursuant to Day Visual Flight Rules (VFR) in

visual meteorological conditions (VMC). The XFold Cinema shall be operated only during daylight hours ( i.e. between the end of morning civil twilight and the beginning of evening civil twilight, as published in the American Air Almanac,

converted to local time).

6. The XFold Cinema shall operate from on

- site takeoff/landing locations directly

next to the PIC and co

- located VO. The PIC and the VO shall be able to verbally communicate during all operations.8

7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical certificate or valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

9. The PIC shall have successfully completed the training and qualification process in

accordance with XFold Cinema Pilot Training Guide. PIC qualification flight hours and

currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated training sessions.

10. A minimum of three take

- offs and three landings in the preceding 90 day s will be required by the PIC to maintain currency, such log of which shall be made available to the Administrator upon request.

11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the

P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s
lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not

p er mitt e d du r ing f

l i g ht op e r a tions. The P I C will be d e si g n a t e d b e f o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.

12. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman

medical certificate or U.S. driver ’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC qualifications, is also present during flight operations, that person can also be designated as PIC and will follow the necessary p rocedures to assume control.

14. A briefing will be conducted in regard to the planned o perations prior to each flight

. It will be mandatory that all personnel who are performing duties within the boundaries of the flight operations safety perimeter be present for the briefing.9

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to conducting any actual flight operations. XFLY, LLC will only operate within the guidelines of the blanket 200

- foot COA under the FAA’s interim policy. For flights above 200 feet AGL, XFLY , LLC will operate in a confined geographic

area as defined by a separate approved ATO issued COA.

16. At least three (3) days before scheduled operations, operator shall submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed oper ations, such submission of which may be waived with the concurrence of the FSDO. If required by the FSDO to be submitted, the Plan of Activities shall include: dates and times for all flights; operator’s and on

- scene flight operator’s name and phone numbe r; s UAS make,

model and serial or N

- number; PIC’s name and certificate number; statement that the operator has obtained permission from property owners and/or local officials to conduct the operations (such l ist of those who gave permission to be made available upon request); description of the planned flight activity, including, as applicable, maps or diagrams of the area, city, town, county and/or state over which the operation will be conducted, and the alt itudes essential to accomplish the operation; signature of the exemption holder or representative.

17. Petitioner will file a NOTAM for each flight no less than 24 h ours p rior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon
request.
19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed flight a communication with the nearest local Air Traffic Control facility indicating location, altitude and duration of the proposed flight.

20. All required permissions and permits will be obtained from territorial, state, county or cit y jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies at least 12 hours in advance of any flight operation

. 21. The XFold Cinema shall be marked with an identification (N

- Number) in10 accordance with 14 C.F.R. § 45.23 , such markings to be as large as practicable
pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in

accordance with 14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned operations and activities at all times, including, but not limited to: ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.

23. Flights will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

24. The XFold Cinema shall be operated at an airspeed not to exceed 50 knots.

25. Any time the XFold Cinema is operating, all documents required under 14
C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents shall be made available to the Administrator or any law enforcement official upon request.

26. The XFold Cinema shall not be operated directly over any person, except authorized and consenting personnel required for f light/ imaging operations,

27. The radio frequency spectrum used for operation and control of the XFold Cinema shall comply with the requirements of XFold Cinema manuals and the SOP

. T he

XFold Cinema s hall at all time s be operated to ensure a safe distance away from all participating and non

- participating personnel , at least 500 feet away from persons not involved in the flight operations (non

- participating persons) unless:

 Barriers or structures are present that sufficiently protect nonparticipating

persons fr om the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight o perations must cease immediately in a manner ensuring the safety of nonparticipating persons

.

 The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

28. The flight will be terminated at 20% battery power reserve

.11

29. Prior to each flight
, the PIC shall inspect the XFold Cinema
, including any inoperable components, items or equipment, to ensure it i s in a n airworthy condition for safe flight. If the inspection reveals a condition that affects flight

readiness or safe operations, the XFold Cinema shall not be operated until the necessary maintenance has been performed and it is found to be in a condition for safe flight. Any discrepancies and all maintenance or alterations shall be

doc umented in the aircraft records, such records to be made availa ble to the Administrator upon request.

30. Except as may be designated otherwise for Fail

- Safe operations, t he XFold

Cinema shall take off and land at a location within the boundaries of the subject
property next to the PIC.

31. Upon loss of communication or GPS signal, the XFold Cinema shall return to a predetermined location within the boundaries of the landowner’s property and

land or be recovered in accordance with the User’s Manual

. 32. In the event of an emer gency or unanticipated obstacle to planned operations, the operation shall be aborted and the XFold Cinema
, if airborne, shall return to a predetermined location.

33. The XFold Cinema shall be maintained in accordance with the manufacturer’s
maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and in accordance with FAA N 8900.291.

34. All operations shall be conducted over private or controlled

- access property with permission from the property owner/cont roller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

35. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reporte d to the National Transportation Safety Board (NTSB). Further flight operations shall not be conducted until the incident, accident or transgression is reviewed by the UAS Integration Office and authorization to resume operations is provided.

d

. Privacy12

All XFLY, LLC s UAS operations will be conducted in accordance with applicable

F ederal, S tate, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land/building owner/controller or authorized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be conducted.

e

. Physical Security

In order to ensure its safe and proper us e , Petitioner will be the only operator of the

XFold Cinema and the XFold Cinema will at all times remain in Petitioner ’s custody

. 4

. . Lack of Threat to the NAS, Public, or National Security For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,

Petitioner ’s record of safety and the small size of the s UAS involved and the controlled sterile area within which they will operate, Petitioner falls 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 s UAS s to commence immediately. P etitioner will operate the

XFold Cinema in accordance with the aforementioned flight limitations without creating a
hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be required to be screened by the Department of Homeland Security, approval of the petition presents no

threat to national security

. Further, given its small size and limit load capacity, the XFold Cinema

s UAS is incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or
f l a mm ab l e li q u i ds.
For all of these reasons, Petitioner ’s proposed operations using the XFold Cinema qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified uses and

under the proposed operating requirements and restrictions.

H

. Public Interest Benefits Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect on safety for the following reasons

.

1. Public Interest Generally The grant of the requested exemption is in the public interest based on the clear direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the proposed operations, the significant pub lic benefit, and cost savings to be realized as a result of the use of sUAS for precision aerial imaging and survey services. Moreover, the FAA has13

previously granted identical e xemptions for sUAS

. 7 The XFold Cinema are battery powered

s UAS s that serves as a safe r , more efficient, and economical alternative to larger and heavier

manned aircraft carrying flammable liquid fuels
, traditionally use for aerial photography or aerial surveying

. This will provide for a n added superior level of safety to persons and property in the air and on the ground than that provided by manned aircraft performing the same operations. No

p ilot or cre w need be airborne and g ranting the exemption would also decrease the number of
manned aircraft in the NAS and, as a result, reduce congestion as well as the environmental impact of such operations

. Using the XFold Cinema also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G

round

Because the XFold Cinema is unmanned, the proposed operations eliminate the risk to pilot

and crew associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further, g iven its small size and weight and low air speed
, using the XFold Cinema also reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to be a n
unforeseen mishap

.

b

. Reduced Environmental Impact

U sing the XFold Cinema s UAS instead of manned aircraft also benefit s the public by eliminating or greatly reducing air and noise pollution associated with traditional aerial imaging operations

. Because it is battery power ed and uses electric motors, the XFold Cinema s UAS

consumes no fuel
, generates no air pollution
, and creates very little noise . As a result, the public is

benefited as a result of reduced enviro nmental impact, r educed operator and other human

exposure , and greater fuel conservation, which serves additionally to su pport our G overnment’s specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

The XFold Cinema also does not require a runway or helipad to takeoff or land and will not be operated within the close proximity of any airports without prior FAA approval

. As such
, fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure,
arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number

7 XFLY, LLC r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it w o u ld n o t

s et a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e mp ti o n s g r a n ted pr e v i o us l y . 1 4 C

. F

. R

. § 11.87.
8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.14

of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of imaging operations as well as congestion around airports due to aircraft arrival and departure.

d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy
B etter aerial footage can also be obtained using the small and nimble XFold Cinema than can

be obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior flight performance characteristics, the XFold Cinema allows for images to be taken from certain

locations and angles and with better precision than using manned aircraft

. As a result, less time is

needed in the air to obtain the desired footage
, which in addition to providing the benefit of fewer

aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on the ground, reduced noise, etc., allows for the production of surveys , which benefit s consumers

. This additionally ensures that companies such as XFLY, LLC and its customers remain competitive

and profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost Using the XFold Cinema also provides the benefit of greater operational flexibility and

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate the XFold Cinema
, which it has purchased and outfitted at lower combined cost
, innumerable times and at the convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects Granting this Petition will also not adversely affect aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with

+0 approved processes and checkli st s an d in c o m p li ance w i t h all applicable FAA safety policies

and guidance. Accordingly, and as detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed
, as detailed below
, operations pursuant to the limitations and guidelines addressed herein and the safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting exemptions with similar aerial photography
, imaging , and surveying parameters in all material respects, to those presented herein

. For these

reasons , XFLY, LLC ’s operations pursuant to this Petition also qualify for an exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 1415

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151(b)
, 91.405(a), 91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Location of marks; nonfixed

- wing aircraft
, subsection (a) states (emphasis added):
(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. To the extent subsection 45.27(a) may be deemed to apply to the XFold Cinema s UAS
, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the XFold Cinema s UA S is of insufficient size to accommodate any such marking. Thus marking the XFold Cinema s UA S as required by this subsection would not be possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the XFold Cinema

s UA S , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest available surface so as to permit such marking to be displayed to pilot, crew, and

others

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) state (emphasis added): (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an

aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or

hire. In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting16

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he XFold

Cinema w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). As addressed, the

XFold Cinema is a very light, remotely controlled s UAS with no persons or property on board.

Each f li g h t is p l anned and fully coo r d i na t ed i n a d v ance in accordance with those procedures provided in the SOP

. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed

fr om that ass o c i a t ed w i t h co m m e r c i al ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a PI C having a private pilot certificate , rather than a commercial certificate, met the minimum flight hour and qualification criteria, and operating according to the limitations and guidelines provided herein
, provides a level of safety that e x ceeds t hat p r o v i ded by a pilot having a

co mm e r c i al ce r t i f

i ca t e op e r a t i n g a con v en t i onal a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances
similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Petitioner meets the Section 333 criteria or exemption from the airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) inapplicable.

Section 91.7, entitled Civil aircraft airworthiness
, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the

SOP , and the Maintenance Manual
, for maintaining the aircraft and checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.

4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations
, states (emphasis added): (a) During takeoff and landing, and while en route, each required flight

crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiologic al needs; and (2) Keep the safety belt fastened while at the crewmember station.17

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assig ned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder
harness; or
, (2) The crewmember would be unable to perform required duties with the

shoulder harness fastened.

In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the XFold

Cinema s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is

located at and controls the XFold Cinema from the GCS.

5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe altitudes: General
, subsection (d) states (emphasis added): Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface
, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this
Petition, t he XFold Cinema s UA S w il l at times be ope r a t ed either at or below 200 or 4 00 feet

A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would18

generally be restricted . Further t he XFold Cinema s UAS flight operations will be m on i t o r ed at
all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y

r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on.
The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter settings
, 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.” Petitioner seeks exemption from S ection 91.121 because the

XFold Cinema s UAS does not use or have on board a typical barometric altimeter as contemplated by the regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at
or below 400 feet AGL
, within the VLOS of the PIC (with the assistance of a VO)
, with altitude

information downlinked from the XFold Cinema to the PIC to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy by the PIC.

7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
, states (emphasis added): (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes

.
The XFold Cinema is an unmanned aircraft, and thus would not begin a flight with a person in it as the regulation contemplates . To t he extent the regulation applies to the XFold

Cinema
, the XFold Cinema has a maximum flight duration of 1 5 minutes
, depending upon atmospheric conditions and type of camera or sensor.
A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 3 minutes w h i ch e v er occurs f i r s t, as provided in the SOP . Given that the XFold

Cinema will be operated within the VLOS of the PIC, within the confines of the particular19

landowner’s property with prior written consent of the landowner and participating and non

participating personnel, this restriction would provide more than enough battery reserve to accommodate a safe return to the landing zone from anywhere in the operating area with no adverse effect on the safety of persons and property in the air or on the ground.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.
8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance inspections and recording

. Section 91.405(a)
, entitled Maintenance required
, states: Each owner or operator of an aircraft

— (a) 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 ;

Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration
, states: (a) No person may operate any aircraft that has undergone maintenance,

p reventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under
§ 43.7 of this chapter;

Section 91.409 (a)(2) , enti tled Inspections
, states: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7

of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of th is section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.20

Section 91.417(a) and (b)
, entitled Maintenance records
, state: (a) Except for work performed in accordance with §§ 91.411 and 91.413
, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and oth er required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

—
(i) A description (or reference to data acceptable to the Administra tor) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information: (i) The to tal time in service of the airframe, each engine, each propeller,

and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring ac tion, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.21

(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section sh all be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as

p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and that any work on the aircraft be recorded and such records maintained. Petitioner seeks an exemption because , as addressed, the XFold Cinema sUAS will operate pursuant to this Petition without airworthiness certification. An equivalent level of safety can be provided instead by requiring, as provided herein, that inspections and maintenance be accomplished according to the inspection, maintena nce, and preflight sections

of the Maintenance Manual and SOP, and IAW the manufacturer’s guidance in the XFold

Cinema User’s Manual. Among other things, the XFold Cinema will be inspected prior to each flight to confirm that it is in good working order. Any maintenance or repairs will be perform and logged, and, upon any work being performed on the XFold Cinema
, it will be checked and approved for flight by personnel before being returned to service.

The FAA has already set precedence by previously gra nted exemptions in circumstances similar, in all material respects, to those presented herein.

J. Conclusion As set forth in the document above, the following summary is provided for publication in the Federal Register. Petitioner seeks an exemption pur suant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit safe operation of the XFold Cinema sUAS commercially, for the purposes of low

- risk, Motion

Picture and T elevision filming, including closed set filming, flight demonstration and training

.22

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of operations of certa in sUAS in the NAS, while also advancing the interests of the public.

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner respectfu lly requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: TJ Diaz