Terrafugia Inc.

23 Rainin Road 

Woburn, MA 01801

T: +1-781-491-0812

F: +1-781-491-0282

www.terrafugia.com

August 3, 2015

Ms. Brittany Newton

Program Analyst

Airmen and Airspace Rules Division

via

U.S. Department of Transportation Docket Management System

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Terrafugia Exemption Request, Docket No. FAA-2015-1382

Dear Ms. Newton:

The FAA recently requested that additional information be provided in regards to Terrafugia’s 

exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations. Please consider the following as a revision of the original petition filed 

April 21, 2015.

Terrafugia is developing the TF-XTM, which is our vision for the future of personal transportation. 

A four-seat, plug-in hybrid electric flying car with fly-by-wire vertical takeoff and landing (VTOL) 

capabilities, TF-XTM is designed to bring personal aviation to the world. The design will make use 

of the high power density and reliability of modern electric motors in combination with parallel 

power and control system architectures to achieve a higher level of safety than modern 

automobiles. TF-XTM will provide true door-to-door transportation combined with the freedom 

of vertical takeoff and landing – creating a new dimension of personal mobility.

We are constructing three small, working scale models of the vehicle, each of which weighs less 

than 10 kg. We would like to operate these models outdoors, under controlled conditions and 
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in low altitude airspace, as detailed in section (e). The models will be operated exclusively by 

Terrafugia’s trained research and development (R&D) engineers.

Therefore, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and CFR Part 11, Terrafugia, an operator of Small Unmanned Aircraft Systems 

(sUAS) for R&D, hereby applies for an exemption from the Federal Aviation Regulations (FAR) to 

allow these operations of our UAS for R&D purposes.

Approval of this exemption is consistent with the Notice of Proposed Rulemaking regarding 14 

CFR Part 107, which aims to “allow small unmanned aircraft systems (small UAS) to operate for 

non-hobby or non-recreational purposes.” While the Rulemaking process is ongoing, allowing 

this exemption provides a means of satisfying the mandate of Section 333 of the Reform Act to 

“accelerate the integration of civil unmanned aircraft systems into the national airspace 

system.”

Attached to this Exemption Request is the latest version of the Terrafugia Flight Operations and 

Procedures Manual for the TF-XTM RC model sUAS. Any subsequent models would have a 

TFOPM based substantially on this document with updates as appropriate. As company 

proprietary information, we hereby request that this document be deemed confidential 

information and not available for public disclosure.

If any additional information is needed, please contact me at (781) 491-0812 or 

richard@terrafugia.com.

Thank you for your consideration.

Regards,

Richard Gersh

Vice President, Risk Management

Terrafugia, Inc.

23 Rainin Road

Woburn, MA

01801
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Information supporting this Petition as Specified in 14 CFR §11.81

(a) Name, mailing address and other contact information

Terrafugia, Inc.

Attn: Richard Gersh

Ph: 781-491-0812

Fax: 781-491-0282

Email: richard@terrafugia.com

Address: 23 Rainin Road

Woburn, MA 01801

(b) The specific section or sections of 14 CFR from which Terrafugia seeks an exemption

14 CFR 21 Subpart H – Airworthiness Certificate

14 CFR 45.23(b) – Marking of the Aircraft

14 CFR 61.113(a) and (b) – Pilot Privileges

14 CFR 61.133(a) – Commercial Pilot Privileges

14 CFR 91.7(a) – Civil Aircraft Airworthiness

14 CFR 91.9(b)(2) – Civil Aircraft Flight Manual in the Aircraft

14 CFR 91.105 – Flight Crewmembers at Stations

14 CFR 91.109 – Flight Instruction

14 CFR 91.119 – Minimum Safe Altitudes

14 CFR 91.121 – Altimeter Settings

14 CFR 91.152 – Fuel Requirements for VFR Flights

14 CFR 91.203(a) and (b) – Carrying Civil Aircraft Certification and Registration

14 CFR 91.405(a) – Maintenance Required

14 CFR 407(a)(1) – Operation after Maintenance

14 CFR 409(a)(2) – Inspections

14 CFR 417(a) and (b) – Maintenance Records

Appendix A discusses each section in detail, indicating the rationale for the request, the 

safety considerations, and that they are in the public interest.

(c) The extent of relief Terrafugia seeks, and the reason Terrafugia seeks the relief

As listed above, Terrafugia seeks an exemption from several provisions of 14 CFR 21, 45, 61, 

91, 407, 409, and 417 to the extent necessary to engage in private, R&D operations of sUAS 

on our own property and at appropriate testing locations1.

 

1

Some potential testing locations are listed in Section 4 of the Terrafugia Flight Operations and Procedures 

Manual, which is attached to this document.
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If Terrafugia is not granted this exemption, we will be forced to conduct TF-XTM technology 

development in other countries. This would represent an immediate loss of investment 

capital in the U.S. economy, a potentially severe program delay, and highly detrimental 

effects to the long term future of personal aviation in the United States relative to other 

countries. The countries that allow this type of technology development will surpass those 

that do not as measured by both the level of safety of personal aviation and the economic 

output associated with personal aviation.

(d) The reasons why granting Terrafugia’s request would be in the public interest; that is, 

how it would benefit the public as a whole

The development and flight testing of TF-XTM scale models is in the direct interest of the 

public as it is a critical early step towards realizing the potential widespread benefits of the 

full-scale TF-XTM vehicle. By combining vertical takeoff and landing with semi-autonomous 

flight and road-going capability, the TF-XTM will allow faster, safer, and more widely 

accessible door-to-door travel than what can be achieved by any other means of 

transportation for trips up to 500 miles. Trips shorter than 500 miles represent the majority 

of trips taken in the United States, including the vast majority of commuter travel.

By reducing the average travel time, the TF-XTM will allow the public to spend less time stuck 

in traffic and more time doing economically productive activities, which will result in 

increased standards of living and growth in the GDP of the United States. According to the 

2012 Urban Mobility Report2, in 2011, it was estimated that the total cost of traffic 

congestion in the U.S. was $121 billion, with $94 billion of that due to individual 

commuters’ lost time and fuel. It is expected that by 2020, the national congestion cost will 

be $199 billion with a delay of 8.4 billion hours. Traditional means of addressing 

congestion, including improving highway capacity and increasing the use of public 

transportation, are not sufficient, potentially addressing only 23% of the congestion cost.

The TF-XTM vehicle has the potential to dramatically reduce traffic congestion and its 

associated costs by making aviation a safe and accessible mode of travel. It is expected to 

achieve a much higher level of safety than can be found in today’s personal aircraft by both 

lowering the risk of pilot error through automation and incorporating automotive 

crashworthiness features. By iterating with sub-scale models of the TF-XTM, the use of which 

is being requested herein, the development program can begin to make significant early 

strides towards the realization of the public benefit associated with the full-scale production 

TF-XTM.

 

2 Texas A&M Transportation Institute, D. Schrank, B. Eisele, & . Lomax. http://mobility.tamu.edu
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(e) The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from 

which Terrafugia seeks the exemption

As described in the introduction, Terrafugia wishes to operate these small UAS outdoors, 

under controlled conditions, and in low altitude airspace using our trained R&D engineers as 

operators. We are in the process of identifying and holding discussions with appropriate 

testing locations. Parameters would be set such that an equivalent level of safety to 

currently authorized operations using manned aircraft and conducted under conditions as 

may be modified by the FAA as required by Section 333 is maintained.

The established operating limitations set forth in the Terrafugia Flight Operations and 

Procedures Manual (herein referred to as TFOPM, attached) provide this equivalent level of 

safety. As outlined in the TFOPM, operational limitations and conditions include (but are not 

limited to) the following:

 The sUAS will weigh no more than 10 kg (22 lb)

 Visual line-of-sight (VLOS) operations only

 Daylight-only operations in designated areas defined in TFOPM

 Maximum speed 120 mph

 Maximum altitude 400 feet above ground level (AGL)

 Minimum weather visibility of 3 statute miles from control station

 If appropriate permission from air traffic control and/or airport management is not 

available, operations will be conducted more than:

o 5 nautical miles from a controlled airport

o 3 nautical miles from an airport with a published instrument flight procedure

o 2 nautical miles from any airport

o 2 nautical miles from any heliport with an instrument flight procedure

 Preflight inspection required

 Maximum flight time 20 minutes

 Operator will conduct a pre-flight safety briefing to include all flight test team 

members

 All members of the test team will be able to communicate by voice at all times

 If the sUAS loses communications, it will have the capability to land immediately.
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(f) A summary the FAA can publish in the FEDERAL REGISTER, stating: (1) the rule from which 

Terrafugia seeks the exemption; and (2) a brief description of the nature of the exemption 

Terrafugia seeks

(1) Sections of CFR from which Terrafugia seeks the exemption: 14 CFR §§ 21, 45, 61, 

91, 407, 409, and 417.

(2) Terrafugia seeks an exemption from several provisions of 14 CFR §§ 21, 45, 61, 91, 

407, 409, and 417 to the extent necessary to engage in private, R&D operations of 

sUAS on our own property and at appropriate testing locations. These sUAS are 

scale models of Terrafugia’s TF-XTM semi-autonomous flying and driving vertical takeoff and landing hybrid vehicle. The models will be 10kg or less in weight and be

operated by appropriately trained Terrafugia personnel under visual-line-of-sight, in 

daylight conditions only, below 400 feet and with a maximum speed of 120 mph. 

These sUAS operations are critical to the development program of the TF-XTM and 

thus stand to benefit the public by addressing the anticipated traffic congestion 

costs in the U.S. (projected to be $199 billion in 2020) with a safe, convenient, and 

accessible form of alternative personal transportation.

(g) Any additional information, views or arguments available to support Terrafugia’s request

Please see the introduction to this exemption request.

Also, a computer rendering of the functionality and operation of the full-scale TF-XTM can be 

found online: http://www.terrafugia.com/tf-x.

(h) If Terrafugia wants to exercise the privileges of our exemption outside the United States, 

the reason why Terrafugia needs to do so.

The R&D operations described in this exemption request will be conducted entirely within 

the United States.
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Appendix A: Exemption Request and Equivalent Level of Safety under

Applicable Rules

Terrafugia requests an exemption from the following regulations:

14 CFR §21 Subpart H – Airworthiness Certificate

This regulation requires all civil aircraft to have a Certificate of Airworthiness. Given the small 

size and operating limitations of the TF-XTM model(s), an appropriate level of safety is provided 

by complying with the guidelines established in the Terrafugia Flight Operations and Procedures 

Manual. This is consistent with the mandate in the Federal Aviation Act and Section 333 of the 

Reform Act, which authorize the FAA to exempt aircraft from the requirement of an 

airworthiness certificate upon appropriate consideration of its operational capabilities.

14 CFR §45.23(b) – Marking of the Aircraft

Given the preceding request to waive the airworthiness certificate requirement, this regulation 

regarding the display of the word “Experimental” on the aircraft in letters not less than 2 inches 

nor more than 6 inches on the aircraft may be inapplicable. However, all such markings, 

including the aircraft’s “N” number will be limited, given the size of the aircraft. Terrafugia will, 

where appropriate and possible, show identification markings on the TF-XTM RC model.

14 CFR §61.113(a) and (b); §61.133(a) – Private Pilot Privileges and Limitations; Commercial 

Pilot Privileges and Limitations

Section 61.113(a) and (b) limits private pilots to non-commercial operations. Section 61.133(a) 

mandates that an individual with a commercial pilot’s certificate be in command of an aircraft 

for compensation or hire.

The risks associated with the flight operations of the Terrafugia sUAS are minimal. There are no 

crew or passengers on board the aircraft, and it is operated within sight of the operator at a 

maximum altitude of no more than 400 feet. The number of observers on the ground will be 

small and primarily limited to those necessary for R&D activities. Terrafugia requests approval 

to utilize an individual trained in the operation of the TF-XTM RC model to act as Operator of the 

Terrafugia sUAS.

14 CFR §91.7(a) – Civil Aircraft Airworthiness

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

condition.” The TF-XTM RC model will be operated in compliance with the airworthiness 

guidelines established by the Terrafugia Flight Operations and Procedures Manual, providing an 

equivalent level of safety for an aircraft under an airworthiness certificate. (This exemption 

would be required assuming that an airworthiness certificate will not be required for the TF-XTM 

RC model.)
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14 CFR §91.9(b)(2) – Civil Aircraft Flight Manual in the Aircraft

The regulation states that:

“No person may operate a U.S. registered aircraft ---

(2) For which an Airplane or Rotorcraft Flight Manual is not required by S21.5 of this chapter, 

unless available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.”

Given the size of the Terrafugia sUAS, there is no capacity to carry such a manual on board.

Additionally, with no pilot on board, the rationale for carrying such a manual is negated. This 

does not affect the level of safety. The flight manual will be kept in close proximity to the sUAS 

operator during each flight.

14 CFR §91.105 – Flight Crewmembers at Stations

This regulation requires that each crewmember be situated at their assigned station (with 

appropriate restraints being utilized) during takeoff, landing and en route. Given that the TF-XTM 

RC model is remotely operated, there are no crewmembers on board; thus, we request an 

exemption from this regulation. The equivalent level of safety will be achieved through 

appropriate staffing of model operations with trained personnel, as outlined in the Terrafugia 

Flight Operations and Procedures Manual.

14 CFR §91.109 – Flight Instruction

This regulation provides that “no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.” The TF-XTM RC model is a remotely controlled aircraft and, by definition, does not 

have fully functional dual controls. A manufacturer-approved training protocol is outlined in the 

Terrafugia Flight Operations and Procedures Manual, providing an equivalent level of safety.

14 CFR §91.119 – Minimum Safe Altitudes

This regulation establishes safe altitudes for the operation of civil aircraft. It mandates that 

“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 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.”

Given Terrafugia’s request to operate at altitudes below 500 feet, an exemption is needed to 

allow such operations. The risk of contact with manned aircraft is significantly reduced at this 

altitude, and the lack of flammable fuel also decreases the risks associated with these flights. 
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14 CFR §91.121 – Altimeter Settings

This regulation requires that “each person operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be by reference to an altimeter that is set 

to (iii) the elevation of the departure airport or an appropriate altimeter setting available 

before departure.”

An equivalent level of safety will be maintained, as outlined in the TFOPM, by confirming the 

altitude of the departure area, maintaining visual contact with the sUAS, at an altitude of 400

feet above ground level (AGL) or below.

14 CFR §91.151(a) and (b) – Fuel Requirements for VFR Flights

This regulation prohibits a person from beginning a flight in an airplane 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 ---

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

Similarly, 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 Terrafugia TF-XTM RC model uses lithium-polymer batteries as a power source, which 

provide approximately 10 minutes of powered flight. Without relief from the subject 

regulation, flight testing of the vehicle would not be possible. Terrafugia believes that an 

equivalent level of safety can be achieved by flying the aircraft in close proximity to the landing 

zone; a decrease in power will result in immediate landing. 

14 CFR §91.203(a) and (b) – Carrying Civil Aircraft Certification and Registration

This regulation provides that “(a) No person may operate a civil aircraft unless it has within it 

the following: (1) An appropriate and current airworthiness certificate... (b) No person may 

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section...is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.”

An equivalent level of safety will be provided by maintaining airworthiness and registration 

documentation in close proximity to the sUAS operator at the ground flight control point; there 

is no ability to display these documents on the aircraft.

14 CFR §91.405(a); §407(a)(1); §409(a)(2); §417(a) – Maintenance Required, Inspections and 

Records

These regulations outline the requirements for inspections, annual inspections, maintenance, 

and related recordkeeping for aircraft with an airworthiness certificate. Assuming that the TFXTM RC model will not be required to have an airworthiness certificate, these sections will not 

apply. However, maintenance will be performed by appropriately trained Terrafugia personnel, 
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in conjunction with the aircraft manufacturer’s guidelines as outlined in the Terrafugia Flight 

Operations and Procedures Manual, providing an equivalent level of safety, supporting the 

grant of the exemption requested.