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, 2015 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

Attention: US Department of Transportation Docket Operations 

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 Part 21; 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); 91.409 (a) 

(2); 91.417 (a) & (b) 

Dear UAS Integration at Federal Aviation Administration, 

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

14 CFR Part 11, XO Innovations, Inc., a research developer and operator of Small Unmanned Aircraft 

Systems (“UASs”) equipped to conduct aerial photography for industrial, Real State, agriculture, motion 

picture, and Television industry for scripted closed set filming, hereby applies for an exemption from the 

listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs (Fixed-wing & 

Multi-Rotor), so long as such operations are conducted 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 exemption would permit the operation of small, 

unmanned and relatively inexpensive UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations in the industrial, film, and television production community presently using conventional and 

unmanned aircraft. Approval of this exemption would thereby enhance safety and fulfill the FAA 

Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333 (c) of the Reform Act. The conditions proposed by 

the applicant are drawn from Order 8900.1 CHG 0, Volume 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 

661-747-3612 

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 Part 21; 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); 91.409 (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 

661-747-3612 

www.xoinnovations.com 

 

Privacy 

All flights will occur over private and controlled access property with the property owner’s prior consent 

and knowledge. Image capture of people will rarely take place, but in the event they are, they will have 

consented prior to being filmed or otherwise have agreed to be in the area where data collection will 

take place. 

Airborne (Day & Night) 

With regard to airborne XO Innovations (“XO”) adheres 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’ mandate to treat all UAS operations the exact same as that 

of conventional aircraft. 

Approval of exemptions allowing commercial operations 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, operate at extremely low altitudes just feet from the 

subject being in extreme proximity to people and structures; and present the risks associated with 

vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of Jet A or other fuel (193 

gallons for jet helicopter shown below). Such aircraft must fly to and from location. In contrast, a UAS 

weighing fewer than 55lbs and powered by batteries eliminates virtually all of the risk given the 

substantial reduced mass and lack of combustible fuel carried on board. 

The UAS is typically transported to the location via auto or cargo van in a medium sized case and is never 

flown to set. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. 

The operation of small UASs, weighting less than 55lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting 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 slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than ground than conventional operations conducted with 

turbine helicopters operating in close proximity to the ground and people. 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

The primary used of interest for XO Innovations utilizing 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 reduce hazardous tower climbs Poles Wells etc, Aside

from reducing the number of physical climbs, the utilization of UAS will dramatically lower the use of

cranes and lifts, which also pose dangerous conditions for build and repair personnel. In a number of 

instances, inspectors just need to get “eyes on” the tower top assemblies to look for specific 

deficiencies. With regard to power lines when climbers are sent in the power must be deferred. The use

of UAS may allow these industries to fill in the data gaps where traditional aircraft are currently 

restricted. 

It is anticipated that the airborne image capture process 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 exemption request will provide improved safety in both 

day and night operations. To capture the highest quality 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 infrared 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 conducted during daylight hours. 

This exemption application is expressly submitted to 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 create 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 

661-747-3612 

www.xoinnovations.com 

. The UAS’s size, weight, speed, and operational capability: 

. Operation of the UAS in close proximity to airports 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 national 

airspace system, the FAA shall establish requirements for the safe operation of such aircraft in the 

national airspace system.” Id. §333 (c) (emphasis added). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory 

authority by its terms includes exempting civil aircraft, 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 Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title 

if the Administrator finds the exemption in the public 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 for 

the safe operation of the UAS, if it should be determined that the conditions set forth herein do not 

fulfill the statutory requirements for approval. 

 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

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 than 

50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. 

They operate their fixed-wing aircraft, under normal conditions at a speed of no more than 50 knots and 

primarily have the flight characteristics of traditional airplanes. They will manually operate only in VLOS 

and will operate only within the sterile area described in the Confidential: Flight Operations Manual 

(FOM) attached as Exhibit 1 (hereinafter “the Manual”).3 Adherence to the Manual will insure that the 

UAS will “not create a hazard to the national airspace system or the public. 

Given the small size and weight of the UAS involved and the restricted sterile environment within which 

they will operate, the applicant 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 UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

UAS will operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety, surrounding the proposed operations, and significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for inspection and survey operations, the grant of the 

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay. 

The Flight Operation Manual is presented as an applicant confidential document under 14 

CFR 11.35 (b) as the entire manual contains proprietary methods and information that the applicant has

not and will not share with others. The manual reflects learned experiences, methods, operating 

conditions, and procedures that are not available to the public and are protected from release under the 

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 limitations listed herein. These limitations provide for at least 

an equivalent or even higher level of safety to operations 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 commercial operations under an FAA issued 

exemption include: 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

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 line of sight (VLOS) of the Operator (PIC) and 

Observers 

3. Maximum total flight time for each operational flight will depend on battery charge, the average 

flight will be 30 +/- minutes. Flights will be terminated 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 will consist of the Operator (PIC) and 

Observers. In most cases the third aircrew member will serve as the Camera / Sensor Operator. 

6. The UAS Pilot will be an FAA licensed airman with at 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 higher) 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 conducting any operations, the COA will be 

submitted in conjunction with this petition of exemption 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 total 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 “Sterile Area”. 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

12. XO Innovations will develop a procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alteration records, and status of 

replacement/overhaul component parts. 

 

13. A pre-flight briefing will be conducted in regard to the planned UAS operation prior to each 

day’s production activities. It will be mandatory that all personnel who will be performing duties 

within the boundaries of the safety perimeter be present for this briefing. 

14. The Operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate Flight Standards District 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 level of safety determination, With the 

advanced permission of the relevant FSDO, operations at closer range can be approved. 

16. The Operator will submit a written Plan of Activities 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 able to communicate by voice, radio, and/or 

text. 

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

20. All required permission s and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

21. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to 

a pre-determined location within the Security Perimeter 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 below or less than 2,000 feet horizontally from 

a cloud or when visibility is less than 3 statute miles from the PIC. 

 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) (1) 

 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (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 meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The

Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement capability, and 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 environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (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 lbs. fully loaded, carries neither a Pilot nor Observers, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area 

as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the Operator, pursuant to safety requirements, and under the 

requirements and in compliance with local public safety requirements, to provide security for the area

of operation as is now done with conventional tools. The FAA will have advance notice of all operations. 

These safety enhancements, which already apply to civil aircraft operated in connection with 

Videography and Photography production, provide a greater 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 same criteria demonstrates that there is no credible 

threat to national security posed by the UAS, due to its size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

14 CFR §45.23 (B): Marking of the Aircraft 

The regulation requires: 

The registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words “limited,” “restricted”, “light-sport,” “experimental,” or “provisional,” as 

applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will 

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 and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 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 non-commercial operations. Because the UAS will not 

carry a Pilot or Observers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a

commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the 

Operator (PIC) and Observers, the UAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights 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 aircraft. 

The risks associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UAS as requested with a private pilot as the PIC exceeds the present level of safety

achieved by 14 CFR §61.113 (a) & (b). 

 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

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 condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the Manual for maintenance 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 aircraft ... 

(2) For which an Airplane or Multi-rotorcraft Flight 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 Manual, 

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

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following 

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 take certain actions before flight to insure the safety 

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 safety will be provided in the Manual. The PIC will take 

all actions including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight. 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

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) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and 

remotely piloted aircraft, by their design do not have 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 instruction in experimental aircraft. See Exemptions Nos. 

5778K & 9862A. The equivalent level of safety provided by the fact that aircraft. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a UAS that is a fixed-wing or multi-rotorcraft requests authority to operate 

at altitudes up to 400 ft. AGL, or not more than 200 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 Manual, 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 people 

will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

location where it is operated. No flight will be taken without the permission of the property owner or

local officials. Because of the advance notice to the 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 multi-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 aircraft operating at or below 500 ft. AGL in this 

industry. In addition, the low-altitude operations of the UAS will ensure separation between these small 

UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 

 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

14 CFR §91.121: Altimeter Settings 

This regulation 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.” As the UAS may not have a barometric altimeter, but instead a GPS altitude 

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, confirming 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 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; 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 flights 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 VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151 (a) falls within the scope of prior exemptions. 

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners 

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 given 

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 

661-747-3612 

www.xoinnovations.com 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes 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 its 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 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 (b) of this section or a special flight authorization 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. and 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 the 

UAS. 

An equivalent level of safety will be achieved by keeping 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 to 

the UAS. 

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): Maintenance 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 between required inspections, except as provided in 

paragraph © of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance 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. Maintenance will be accomplished by the operator pursuant to

the flight manual and operating handbook as referenced in the Manufactures Manual. An equivalent 

level of safety will be achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the 

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 maintenance performed. Moreover, the operator is the 
10913 Dee Dee Ave, Bakersfield, CA 93312 

661-747-3612 

www.xoinnovations.com 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety. 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

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 commercially a small unmanned vehicle (55lbs or less) in 

industrial area and industrial operations. 

Summary 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, 

operating capabilities, proximity to airports and populated 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 applicant’s UAS in the industrial, Videography and 

Photography production industry pursuant to the Manual appended hereto. XO is eagerly standing by to 

support the FAA and UAS community in its quest to establish proper regulations and protocols for the 

safe introduction of unmanned aircraft into the national airspace. 

Sincerely, 

Milton Amaya

Founder and Owner

XO Innovations 

661 747-3612