10913 Dee Dee Ave, Bakersfield, CA 93312

661-747-3612
www.xoinnovations.com 

# FAA Exemption Rulemaking

Section 333
Of The
FAA Reform Act and Part 11

Prepared by

Milton Amaya
XO Innovations February 9, 201510913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com Attention: US Department of Transportation Docket O perations West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR P art 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.1 21; 91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) & (b)

Dear UAS Integration at Federal Aviation Administra tion,

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, XO Innovations, Inc., a research de veloper and operator of Small Unmanned Aircraft Systems (“UASs”) equipped to conduct aerial photogr aphy for industrial, Real State, agriculture, motio n picture, and Television industry for scripted close d set filming, hereby applies for an exemption from the
listed

Federal Aviation Regulations (“FARs”) to allow comm ercial operation of its UASs (Fixed-wing & Multi-Rotor), so long as such operations are conduc ted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exempt ion would permit the operation of small, unmanned and relatively inexpensive UAS under contr olled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) wou ld provide safety enhancements to the already safe operations in the industrial, film, and television production community presently using conventional a nd unmanned aircraft. Approval of this exemption would thereby enhance safety and fulfill the FAA Administrator’s responsibilities to “...establish req uirements for the safe operation of such aircraft systems in the national airspace system.” Section 3 33 (c) of the Reform Act. The conditions proposed b y the applicant are drawn from Order 8900.1 CHG 0, Vo lume 3, Chapter 8 Issue a Certificate of Waiver for industrial, agriculture, Real State, motion picture , and Television industry.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com The name and address of the applicant is:

XO Innovations Attn: Milton Amaya
Phone: 661-747-3612 Email: XOinnovation@gmail.com Address: 10913 Dee Dee Ave, Bakersfield, CA 93312

Locations for Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 45.23(b); 14 CFR P art 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.1 21; 91.151 (a); 91.203 (a) & (b); 91.409 (a) (2); 91.417 (a) & (b) are:

1. XO Innovations Bakersfield, CA

Regulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2)

14 CFR 91.103
14 CFR 91.109
14 CFR 91.119
14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com Privacy

All flights will occur over private and controlled access property with the property owner’s prior con sent and knowledge. Image capture of people will rarely take place, but in the event they are, they will ha ve consented prior to being filmed or otherwise have a greed to be in the area where data collection will take place.

Airborne (Day & Night)

With regard to airborne XO Innovations (“XO”) adher es to all FAA regulations. Further XO airborne teams operate under the principals of: Safety First , Quality Assurance, Accountability, Reporting, and Training. When approved by the FAA it is XO’ mandat e to treat all UAS operations the exact same as tha t of conventional aircraft.

Approval of exemptions allowing commercial operatio ns of UASs in the industrial, agriculture, Real State, motion picture, and Television industry will enhance safety by reducing risk. Conventional operations, using jet or piston powered aircraft, o perate at extremely low altitudes just feet from th e subject being in extreme proximity to people and st ructures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs ., carrying large amounts of Jet A or other fuel (1 93 gallons for jet helicopter shown below). Such aircr aft must fly to and from location. In contrast, a U AS weighing fewer than 55lbs and powered by batteries eliminates virtually all of the risk given the
substantial reduced mass and lack of combustible fu el carried on board.

The UAS is typically transported to the location vi a auto or cargo van in a medium sized case and is n ever flown to set. The UAS will carry no passengers or c rew and, therefore, will not expose them to the ris ks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety s upporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at s low speeds, close to the ground, and in a sterile environment and, as a result, are far safer than gr ound than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com The primary used of interest for XO Innovations uti lizing UASs are as fallow:

Visual inspections, Photo and Video of:

1. Gas and Oil Wells

2. Agriculture Land Mapping

3. Real State

4. Telecommunications Towers

5. Power lines

6. Structural Integrity

7. Motion Picture
8. Television Industry

It is estimated that the use of UAS aircraft will r educe hazardous tower climbs Poles Wells etc, Aside from reducing the number of physical climbs, the ut ilization of UAS will dramatically lower the use of cranes and lifts, which also pose dangerous conditi ons for build and repair personnel. In a number of instances, inspectors just need to get “eyes on” th e tower top assemblies to look for specific deficiencies. With regard to power lines when climb ers are sent in the power must be deferred. The use of UAS may allow these industries to fill in the da ta gaps where traditional aircraft are currently
restricted.

It is anticipated that the airborne image capture p rocess will be accomplished in both day and night environments. Currently, conventional aircraft are flown in highly populated and/or urban areas, with turbine powered helicopters. The grant of this exem ption request will provide improved safety in both day and night operations. To capture the highest qu ality of resolution the majority of airborne data collections will take place during the 10:00am – 4: 00pm window.

There may be night operations conducted where infra red sensors will be deployed. If such operations are required the ground facilities and the subject tower/Pole/Wells assemblies may require additional lighting so that visibility is as though it was con ducted during daylight hours.

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This directs the FAA to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the FAA is required to determine which types of UASs do not cr eate a hazard to users of the NAS or the public or pose a threat to national security in light of the following:10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com . The UAS’s size, weight, speed, and operational ca pability: . Operation of the UAS in close proximity to airpor ts and populated areas; and . Operation of the UAS within Visual Line of Sight (VLOS) of the Operator (PIC) and Observers.

Reform Act §333 (a). Lastly, if the FAA determines that such vehicles “may operate safely in the natio nal airspace system, the FAA shall establish requiremen ts for the safe operation of such aircraft in the national airspace system.” Id. §333 (c) (emphasis a dded).

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority by its terms includes exempting civil air craft, as the term is defined under §40101 of the Act, the mat includes UASs, from the requirement that all civil aircraft must have a
current airworthiness certificate. The Administrato r may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) o f this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the pub lic interest. 49 U.S.C. §44704; 14 CFR §91.203 (a) (1).

Applicant interprets this provision to place of the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions herein fo r the safe operation of the UAS, if it should be dete rmined that the conditions set forth herein do not fulfill the statutory requirements for approval.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com XO Innovations’ UASs are multi-rotorcraft and fixed -wing aircraft, weighing 55 or fewer lbs. including sensor payload. They operate their multi-rotorcraft , under normal conditions at a speed of no more tha n 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneousl y. They operate their fixed-wing aircraft, under norma l conditions at a speed of no more than 50 knots an d primarily have the flight characteristics of tradit ional airplanes. They will manually operate only in VLOS and will operate only within the sterile area descr ibed in the Confidential: Flight Operations Manual (FOM) attached as Exhibit 1 (hereinafter “the Manua l”).3 Adherence to the Manual will insure that the UAS will “not create a hazard to the national airsp ace system or the public.

Given the small size and weight of the UAS involved and the restricted sterile environment within whic h they will operate, the applicant falls squarely wit hin that zone of safety (an equivalent level of saf ety) in which Congress envisioned that the FAA must, by exe mption, allow commercial operations of UASs to commence immediately. Also due to the size of the U ASs and the restricted areas in which the relevant UAS will operate, approval of the application prese nts no national security issue. Given the clear direction in Section 333 of the Reform Act, the aut hority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety, sur rounding the proposed operations, and significant public benefit, including enhanced safety, reductio n in environmental impacts, including reduced emissions associated with allowing UASs for inspect ion and survey operations, the grant of the requested exemptions is in the public interest. Acc ordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

The Flight Operation Manual is presented as an appl icant confidential document under 14 CFR 11.35 (b) as the entire manual contains proprie tary methods and information that the applicant has
not and will not share with others. The manual refl ects learned experiences, methods, operating conditions, and procedures that are not available t o the public and are protected from release under t he Freedom of Information Act 5 USC 552 et.seq. Reform Act Section 333 (b)

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitatio ns listed herein. These limitations provide for at least an equivalent or even higher level of safety to ope rations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe Videography and Photography operations conducted with conventional aircraft. These limitations and condition to which XO Innovations agrees to be bound when conducting c ommercial operations under an FAA issued exemption include:10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 1. The UAS will weigh less than 55 lbs Constructed by high reputation companies, single, Multicopter base on application.

2. Flights will be operated manually within visual lin e of sight (VLOS) of the Operator (PIC) and
Observers

3. Maximum total flight time for each operational flig ht will depend on battery charge, the average flight will be 30 +/- minutes. Flights will be term inated at 25% battery power reserve should that occur prior to the 30 +/- minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which airborne data collection is planned.

5. Minimum two (2) man crew for each UAS operation wil l consist of the Operator (PIC) and
Observers. In most cases the third aircrew member w ill serve as the Camera / Sensor Operator.

6. The UAS Pilot will be an FAA licensed airman with a t least a private pilot’s certificate and Class 2 (or higher) airmen medical certificate. The Camera / Sensor Operator and Spotter (Observer) will hold at least a Class 2 (or higher) airmen medical certificate and TSA Security Screening.

7. The UAS Pilot will serve as Pilot in Command (PIC). The PIC will possess at least a private pilot certificate and at least a current Class 2 (or high er) airmen medical certificate to meet the flight review requirement specified in 14 CFR § 61.56.

8. The UAS pilot (PIC) will have a COA prior to conduc ting any operations, the COA will be submitted in conjunction with this petition of exem ption 333.

9. Prior to any operations conducted by XO Innovations , the PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours of tota l flight time with an UAS, and 10 hours in the UAS flight simulator, accordance with CFR § 61.51 ( b).

10. Prior to operations the PIC will have a minimum of five hours as a UAS pilot operating and three take-offs and landing in the preceding 90 days.

11. The UAS will only operate within a confined “Steril e Area”.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 12. XO Innovations will develop a procedures to documen t and maintain a record of the UAS maintenance, preventative maintenance, alteration r ecords, and status of replacement/overhaul component parts.

13. A pre-flight briefing will be conducted in regard t o the planned UAS operation prior to each day’s production activities. It will be mandatory t hat all personnel who will be performing duties within the boundaries of the safety perimeter be pr esent for this briefing.

14. The Operator will file a FAA Form 7711-1, or its eq uivalent, as modified in light of the requested exemption, with the appropriate Flight Standards Di strict Office (FSDO).

15. The Operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent leve l of safety determination, With the advanced permission of the relevant FSDO, operation s at closer range can be approved.

16. The Operator will submit a written Plan of Activiti es to the FSDO three (3) days before the proposed shoot as required by the Manual.

17. Operator (PIC) and Observers will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required by the Manual.

18. Spotter (Observer) and Pilot will at all times be a ble to communicate by voice, radio, and/or

text.

19. Written and/or oral permission from the relevant pr operty holders will be obtained.

20. All required permission s and permits will be obtai ned from territorial, state, county or city jurisdictions, including local law enforcement, fir e, or other appropriate governmental agencies.

21. If the UAS loses communications or loses its GPS si gnal, the UAS will have capability to return to a pre-determined location within the Security Perim eter and land.

22. The UAS will have the capability to abort a flight in case of unpredicted obstacles emergencies.

23. The UAS Will not be operated less than 500 feet bel ow or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute m iles from the PIC.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 14 CFR Part 21, Subpart H: Airworthiness Certificat es 14 CFR §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuan ce of airworthiness certificates as required by FAR §9 1.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meet s the requirements of an equivalent level of safety u nder Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Sec tion 333 of the Reform Act both authorize the FAA t o exempt aircraft from the requirement capability, an d proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted enviro nment and under the conditions proposed will be at least as safe, or safer, than a conventional aircra ft (fixed-wing or multi-rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lb s. fully loaded, carries neither a Pilot nor Observ ers, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured ar ea as set out in the Manual. Unlike other civil aircra ft, operations under this exemption will be tightly controlled and monitored by both the Operator, purs uant to safety requirements, and under the requirements and in compliance with local public sa fety requirements, to provide security for the area of operation as is now done with conventional tools . The FAA will have advance notice of all operation s. These safety enhancements, which already apply to c ivil aircraft operated in connection with Videography and Photography production, provide a g reater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these sa me criteria demonstrates that there is no credible threat to national security posed by the UAS, due t o its size, speed of operation, location of operati on, lack of explosive materials or flammable liquid fue ls, and inability to carry a substantial external l oad.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 14 CFR §45.23 (B): Marking of the Aircraft

The regulation requires:

The registration number is displayed on limited, re stricted or light-sport category aircraft or experimental or provisionally certificated aircraft , the operator must also display on that aircraft n ear each entrance to the cabin, cockpit, or pilot stati on, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted”, “li ght-sport,” “experimental,” or “provisional,” as applicable.

Even though the UAS will have no airworthiness cert ificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the word “Experimental” can be placed. Given the size of the sUAV, two-inch letter ing will be impossible. The word “Experimental” wil l be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the Operator (PIC) and Observers a nd others working with the sUAV will see the identification of the UAS as “Experimental.” The FA A has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 an d 10167A.

14 CFR §61.113 (a) & (b): Private Pilot Privileges and Limitations -Pilot in Command (PIC)

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the UAS will not carry a Pilot or Observers, the proposed operations can achieve the equivalent level of safety of curr ent operations by requiring the PIC operating the aircr aft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UA S. Unlike a conventional aircraft that carries the Operator (PIC) and Observers, the UAS is remotely c ontrolled with no living thing on board. The area o f operation is controlled and restricted, and all fli ghts are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by single individual holding a commercial pilot’s certificate operating a conventional aircra ft. The risks associated with commercial operations con templated by Part 61 when drafted, that allowing operations of the UAS as requested with a private p ilot as the PIC exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 14 CFR §91.7 (a): Civil Aircraft Airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy conditio n. As
there will be no airworthiness certificate issued f or the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and t he requirements contained in the Manual for maintenanc e and use of safety check lists and a preflight inspection, all maintenance and alterations will be properly documented in the aircraft records prior to each flight, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides:

No person may operate a U.S.-registered civil aircr aft ...

(2) For which an Airplane or Multi-rotorcraft Fligh t Manual is not required by §21.5 of this chapter,
unless there is available in the aircraft a current approved Airplane or Multi-rotorcraft Flight Manua l, approved manual material, markings, and placards, o r any combination thereof. The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to car ry such an item on the aircraft.

The equivalent level of safety will be maintained b y keeping the flight manual at the ground control point where the pilot flying the UAS will have imme diate access to it. The FAA has issued the followin g exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A 10602, 32827, and 10700

14 CFR §91.103: Preflight Action

This regulation requires each pilot in command to t ake certain actions before flight to insure the saf ety of flight. As FAA approved multi-rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of sa fety will be provided in the Manual. The PIC will t ake all actions including reviewing weather, flight bat tery requirements, landing and takeoff distances an d aircraft performance data before initiation of flig ht.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 14 CFR §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) tha t is being used for flight instruction unless that ai rcraft has fully functioning dual controls. UASs an d remotely piloted aircraft, by their design do not h ave fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight in struction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety provi ded by the fact that aircraft.

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. As this exemption is for a UAS that is a fixed -wing or multi-rotorcraft requests authority to ope rate at altitudes up to 400 ft. AGL, or not more than 20 0 ft. above an elevated platform from which filming inspections is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Man ual, the UAS will never operate at higher than 400 ft. AGL. It will however be operated in restricted area with security perimeter, where buildings and peopl e will not be exposed to operations without their pre -obtained consent.

The equivalent level of safety will be achieved giv en the size, weight, speed of the UAS as well as location where it is operated. No flight will be ta ken without the permission of the property owner or
local officials. Because of the advance notice to t he property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or mult i-rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel , any risk associated with these operations is far less than those presently presented with conventional ai rcraft operating at or below 500 ft. AGL in this industry. In addition, the low-altitude operations of the UAS will ensure separation between these sma ll UAS operations and the operations of conventional a ircraft that must comply with Section 91.119.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com 14 CFR §91.121: Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setti ng available before departure.” As the UAS may not hav e a barometric altimeter, but instead a GPS altitud e read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confi rming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR §91.151 (a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beg inning “a flight in an airplane under VFR condition s unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing, and, assuming normal cruising spe ed – (1) During the day, to fly after that for at l east 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS f lights would be limited to approximately 10 minutes in length. Given the limitations on the UAS ’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night V FR
conditions is reasonable.

Applicant believes that an exemption from 14 CFR §9 1.151 (a) falls within the scope of prior exemption s. See Exemption 10673 (allowing Lockheed Martin Corpo ration to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owne rs or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserved fuel, does not engender the type of risks that Section 91.151 (a) was intended to alleviate g iven the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted.10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com Applicant believes that an equivalent level of safe ty can be achieved by limiting flights to 30 minute s or 25% of battery power whichever happens first. This restriction would be more than adequate return the UAS to its planned landing zone from anywhere in it s limited operating area.

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

The regulation provides in pertinent part:

(a) Except as provided in §91.715, no person may operat e a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificat e...

(b) No person may operate a civil aircraft unless the a irworthiness certificate required by paragraph (b) of this section or a special flight a uthorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. an d is operated without an onboard Pilot. As such, there is no ability or place to carry certification and registration documents or to display them on t he

UAS.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the Pilot flying the UAS will have immediate access to them, to the extent they are applicable t o the UAS.

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Mai ntenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph © of this section, have discrepancies rep aired as prescribed in Part 43 of this chapter...,” a nd others shall inspect or maintain the aircraft in co mpliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenan ce will be accomplished by the operator pursuant to the flight manual and operating handbook as referen ced in the Manufactures Manual. An equivalent level of safety will be achieved because these smal l UASs are very limited in size and will carry a sm all payload and operate only in restricted areas for li mited periods of time. If mechanical issues arise t he UAS can land immediately and will be operating from no higher than 400 ft. AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any mainten ance performed. Moreover, the operator is the10913 Dee Dee Ave, Bakersfield, CA 93312

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www.xoinnovations.com person most familiar with the aircraft and best sui ted to maintain the aircraft in an airworthy condit ion to provide the equivalent level of safety.

Pursuant to 14 CFR Part 11, the following summary i s provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rul es: 14 CFR § 21, subpart H; 14 CFR § 45.23 (b); 14 CFR § 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);

91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91. 203 (a) & (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate comm ercially a small unmanned vehicle (55lbs or less) i n industrial area and industrial operations.

Summary

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airports and p opulated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applica nt’s UAS in the industrial, Videography and Photography production industry pursuant to the Man ual appended hereto. XO is eagerly standing by to support the FAA and UAS community in its quest to e stablish proper regulations and protocols for the
safe introduction of unmanned aircraft into the nat ional airspace.

Sincerely,

Milton Amaya
Founder and Owner XO Innovations 661 747-3612