t 

TERRAFUGIA 

April 21, 2015 

U.S. Department of Transportation Docket Management System 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Page 1 of3 

Terrafugia Inc. 

23 Rainin Road 

Woburn, MA 01801 

T: +1-781-491-0812 

F: +1-781-491-0282 

www. terrafugia.com 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Dear Sir or Madam: 

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

and CFR Part 11, Terrafugia, Inc. (Terrafugia), an operator of Small Unmanned Aircraft Systems 

(sUAS) for research and development, hereby applies for an exemption from the Federal 

Aviation Regulations (FAR) to allow commercial operations of their UAS. 

The requested exemption would permit commercial operation of small, remote-controlled (RC) 

scale models ofTerrafugia's TF-XTM vehicle. The models weigh less than fifteen pounds and will 

be utilized for research and development purposes. Only one such model would be operated at 

any given time. 

Operations under the exemption will be subject to operating requirements and conditions to 

ensure at least 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. 

The TF-XTM RC scale models will be operated under controiled conditions and at low altitude 

airspace, as detailed below. They will be operated by appropriately trained individuals. 

Approval ofthis exemption will fulfill the FAA's mandate under Section 333 ofthe Reform Act 

to "establish requirements for the safe operation of such aircraft systems in the national 

airspace system." 

www.terrafugia.com 23 Rainin Road Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
TERRAFUGIA 

The name and address of the applicant are: 

Terrafugia, Inc. 

Att: Richard Gersh 

Ph: 781-491-0812 

Fax: 781-491-0282 

Email: richard@terrafugia.com 

Address: 23 Rainin Road 

Woburn, MA 01801 

The regulations from which the exemption is requested are as follows: 

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 

Page 2 of3 

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 in detail, indicating the rationale for the request, the safety 

considerations, and that they are in the public interest. 

Operational Limitations 

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

Procedures Manual (herein referred to as TFOPM) provide an appropriate level of safety. As 

outlined in the TFOPM, these operational limitations and conditions include (but are not limited 

to) the following: 

• sUAS will weigh less than 15 lbs. 

www.terrafugia.com 23 Rainin Road Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
TERRAFUGIA Page 3 of3 

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

• Daylight-only operations in designated areas defined in TFOPM 

• Maximum speed 30 knots 

• Maximum altitude 200 feet above ground level (AGL) 

• Minimum weather visibility of 3 miles (statute) from control station 

• Operations in controlled airspace with ATC permission 

• Preflight inspection required 

• Maximum flight time 20 minutes 

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

members; they must be able to communicate by voice at all times 

• If the sUAS loses communications, it will have the capability to immediately land 

• No operations within 3 nautical miles of an airport reference point, without prior 

approval 

• Permission from the relevant property holders will be obtained 

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

Procedures Manual for the first TF-XTM RC model sUAS. Any subsequent RC 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, Business Development 

Terrafugia, Inc. 

23 Rainin Road 

Woburn, MA 

01801 

www. terrafugia .com 23 Rainin Road Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
TERRAFUGiA Page Al of A4 

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 RC 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(s). 

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, it is operated within sight of the operator, at a 

maximum altitude of no more than 200 feet. The number of observers on the ground will be 

small and primarily limited to those necessary for research and development activities. 

Terrafugia respectfully requests approval to utilize an individual trained in the operation of the 

TF-XTM scale model(s) to act as Operator ofthe Terrafugia sUAS. 

www. terrafugla .com 23 Ralnin Road Wcburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
.. . ... ~ ....................... «•"*'~ 

TERRAFUGIA Page A2 of A4 

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 scale 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 

model.) 

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 521.5 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 

model is remotely operated, there are no crewmembers on board: 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(s) is a remotely controlled aircraft and, by definition, does not 

have fully functional dual controls. A manufacturer-approved training protocol will be outlined 

in the Terrafugia Flight Operations and Procedures Manual, providing an equivalent level of 

safety. 

www.terrafugia.com 2~ Rain:n Road Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
TERRAFUGIA Page A3 of A4 

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. 

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 ofthe 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 200 

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(s) 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. 

www.terrafugia.com 23 Rainin Road Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282 
TERRAFUGIA Page A4 of A4 

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

This regulation provides that u(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 91.40S(a); 407(a}(1); 409(a}(2); 417(a)- Maintenance Required, Operation after 

Maintenance, Inspections and Maintenance Records 

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

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

apply. However, maintenance will be performed by appropriately trained Terrafugia personnel, 

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. 

www.terrafugia.com 23 Rainin ~oc:;d Woburn, MA 01801 T: +1-781-491-0812 

F: +1-781-491-0282