PETITION FOR WAIVER AND EXEMPTION FROM FAA REGULATIONS AND

RELIEF TO OPERATE UNMANNED AIRCRAFT SYSTEMS UNDER SECTION 333

Submitted by: Walt Disney Parks and Resorts U.S., Inc.

Date: October 30, 2015

By Electronic Submission to: Filed By:

www.regulations.gov Charles A. Blanchard

David J. Weiner

By Paper Submission to: Tom McSorley

U.S. Department of Transportation ARNOLD & PORTER LLP

Docket Operations 601 Massachusetts Ave. NW

West Building Ground Floor, Washington, DC 20001

Room w12-140 (202) 942-5805

1200 New Jersey Avenue, SE Charles.Blanchard@aporter.com

Washington, DC 20590

Counsel for Walt Disney Parks and

Resorts U.S., Inc.
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TABLE OF CONTENTS

Page

I. INTRODUCTION .............................................................................................................. 1

II. LEGAL AUTHORITY FOR REQUESTED EXEMPTIONS............................................ 3

A. Acceleration of the Integration of Civil Unmanned Aircraft Systems into the

National Airspace System....................................................................................... 3

B. Exemption from Regulations to Promote the Public Interest ................................. 4

III. PETITIONER AND ITS HISTORY OF SAFETY AND INNOVATION ........................ 4

IV. PROPOSED FLIGHTS....................................................................................................... 6

V. THE FLIXELS UNMANNED AIRCRAFT SYSTEM.................................................... 11

A. Technical Specifications ....................................................................................... 12

B. Flixels System and Flight Control ........................................................................ 12

C. Communications Link........................................................................................... 14

D. Lost Link Protection ............................................................................................. 16

E. Additional Safety Features.................................................................................... 17

F. Payload.................................................................................................................. 19

G. Manuals................................................................................................................. 19

H. Maintenance and Replacement ............................................................................. 19

I. Battery Power and Flight Duration....................................................................... 20

J. Noise ..................................................................................................................... 21

K. Registration and Markings.................................................................................... 21

VI. FLIXELS OPERATORS AND OBSERVERS ................................................................ 22

VII. FLIXELS FLIGHT CONDITIONS.................................................................................. 25

A. Weather Conditions .............................................................................................. 25

B. Visual Line of Sight (“VLOS”) ............................................................................ 26

C. Coordination with FAA ........................................................................................ 26
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D. No-Fly Zone.......................................................................................................... 26

E. Night Operation .................................................................................................... 27

VIII. FLIXELS’ ISOLATED FLIGHT AREA WILL ENSURE SEPARATION FROM

MANNED TRAFFIC AND THE SAFETY OF PERSONS ON THE GROUND........... 27

A. Airspace ................................................................................................................ 28

B. Onboard Geofence Enforcement........................................................................... 29

C. Additional Safety for Flixels Staff........................................................................ 32

IX. WAIVER AND EXEMPTION FROM SEVERAL FAA REGULATIONS IS IN THE

PUBLIC INTEREST IN LIGHT OF THE PROPOSED FLIXELS OPERATION AND

ACCOMPANYING OPERATIONAL AND SAFETY PLANS ..................................... 33

A. Flixels Qualifies for Relief from Airworthiness Certification under Section

333......................................................................................................................... 33

B. Waiver and Exemption from Other FAA Regulations Is in the Public Interest ... 34

1. 14 C.F.R. Parts 61 and 67 (Pilot and Medical Certificates)...................... 35

2. 14 C.F.R. Part 91 (General Operating and Flight Rules).......................... 38

X. SUMMARY FOR THE FEDERAL REGISTER ............................................................. 41

XI. CONCLUSION................................................................................................................. 42

FIGURES

Figure 1: Example of Disneyland® Flixels Isolated Flight Area .................................................. 8

Figure 2: Example of Epcot® Flixels Isolated Flight Area at the Walt Disney World Resort®... 9

Figure 3: Flixels Example Entire Show Area and Geofence Safety Distances ........................... 10

Figure 4: Flixels Dual Frequencies and Communications Links Detail...................................... 15

Figure 5: Flixels Failure Response Escalation............................................................................. 18

Figure 6: Flixels Operations Overview........................................................................................ 23

Figure 7: Geofence Dimensional Configuration.......................................................................... 30

Figure 8: Geofence Safety Responses.......................................................................................... 31
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TERMS USED IN THE PETITION

1. Central Ground Component/Ground Component System (“GCS”): System that

automatically evaluates safety compliance of the Flixels fleet and can automatically issue a

safety response.

2. Collision Avoidance: The software function within the Flixels system that automatically

monitors the multicopter fleet to identify any imminent collisions and automatically take

corrective action to prevent collisions using the base station software.

3. Command Base: The entire ground component of the Flixels system, including landing

tools, lighting, and communications ground systems.

4. Communications link: The network that links the Flixels multicopters and control systems

together.

5. Entertainment Systems Lead Technician: A Disney staff member responsible for the

readiness of the Flixels system.

6. Flixels: Disney’s proprietary Unmanned Aircraft System.

7. Flixels Commands: Navigation commands that may be issued manually by the Operator, or

automatically in response to pre-programmed conditions. Examples of such commands are:

 ABORT: Lands the multicopter in its current position.

 ESTOP (Emergency Stop): Removes motor power from the multicopter. This puts the

multicopter into a free fall.

 HOLD: Stops any motion of the multicopter, to hold its current position.

 RALLY: Causes the multicopter to navigate to a pre-determined waypoint, hold its

altitude, and evaluate its state. A multicopter has thirty seconds to rally and reach the

preflight inputted waypoint, otherwise it will land in its current location. If no

predetermined waypoint is defined, the rally point is its home location.

 RALLY: Return to Home (“RTH”): Causes a multicopter to return to a pre-flight

inputted “home location” where it will land and disable.

 RALLY: ZERO (zeroing): Upon the input of a ZERO command, the multicopter

returns to the pre-flight inputted “show start” location and hold at current altitude.

The multicopter has a time limitation to reach the pre-inputted “show start” location,

otherwise it will land in its current location.
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8. Geofence(s): Two electronically controlled barriers programmed into the Flixels system that

define the area of operation for the fleet of multicopters. If a Flixels multicopter breaches the

second geofence, power is automatically cut from the aircraft. Flixels geofences have

horizontal and vertical limitations (i.e., they function in three dimensions) and consist,

geometrically, of a polygon mesh with up to sixteen vertices.

9. Heartbeat: A broadcasted, periodic signal that is generated by hardware or software to

indicate normal operation throughout the power cycle of the device.

10. Launch/Land Area: Location in a restricted access area of a Disney resort from which the

Flixels system is deployed.

11. Multicopter: A four, six, or eight blade aircraft used in the Flixels system.

12. Operator: The Disney employee in charge of safely overseeing Flixels flight performance

in every show. The Operator is the sole employee with the ability to issue show and safety

commands and who has access to the Operator Station and Flixels software.

13. Operator Station/Base Station: The main control center for Flixels operations, which

includes a computer terminal used to monitor and control the multicopters through launch,

landing, and performance. All of the Operator’s functions take place here.

14. Payload: A show element, consisting of a physical structure or “special effects mechanism”

weighing no more than five pounds that is securely attached to each multicopter with

eighteen pound tensile strength nylon cable ties.

15. PPE: An acronym for “personal protective equipment.” As an additional safety measure, all

Flixels staff must wear safety glasses, a hard hat, and high visibility vests when completing

tasks relating to Flixels operations.

16. Pyrotechnic clear zone: Already-existing, large controlled areas in Disney resorts that are

not accessible to guests and are restricted to properly trained staff before, during, and after

the resort’s fireworks shows. All Flixels operations (launch, landing, show segment), flight

area, and flight path are contained well within each resort’s pyrotechnic clear zone.

17. Restricted Area: An area bounded by a safety perimeter that is clearly marked as

“restricted,” cordoned off by ropes and cones, and monitored by Resort staff to ensure that no

guests enter the area. Flixels launch and land operations will take place within the restricted

area.
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18. Safety Margin: The area between the guest viewing area and the maximum trajectory of

any Flixels.

19. Safety Trigger Zone: The area between the first and second geofences. If a Flixels

multicopter breaches the first geofence and enters the Safety Trigger Zone, the Flixels will

automatically attempt to RALLY, and if unsuccessful after thirty seconds, will automatically

land in place.

20. Show Area/Flight Area: The area bounded by the first geofence. Guests and staff members

are not allowed in the show area. The show area is located within a resort’s pyrotechnic clear

zone.

21. Special Effects Mechanism: A device or product that creates a special effect, which is

frequently included within a payload of a Flixels multicopter.

22. Spotter: A Disney staff member that may be deployed to keep the Flixels multicopters

within his/her visual line of sight (“VLOS”) and to communicate the status of any troubled

multicopter or any unexpected issue to the Operator via a two-way radio system. The Spotter

may also provide updates on weather conditions and monitor and prevent prohibited guest

entry into a restricted area.

23. Stage Manager: The Disney staff member responsible for a Flixels show’s non-flight

operations, including the show’s timing.

24. Watchdog: A software logic timer that is used to detect computer malfunctions, frequently

relating to software heartbeats. The Flixels software implements multiple watchdogs to

evaluate the health of the multicopters, individually and as an entire fleet.
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I. INTRODUCTION

For nearly a century, the name “Disney” has been synonymous with innovation. In the

1920’s and ’30’s, Walt Disney’s animations were on the cutting edge of entertainment

technology. Throughout the decades, Disney’s films, theme park attractions, home

entertainment, and consumer products have captivated children and adults around the globe.

Today, Disney’s world famous Walt Disney Imagineering (“WDI”), the division of Walt Disney

Parks and Resorts U.S., Inc. (“Disney”) that designed and created hundreds of attractions for

Disney’s eleven theme parks around the world since its founding in 1952, continues the Disney

legacy of innovation through its creative force and vision. WDI has created many iconic Disney

attractions and experiences, including the castles, mountains, mansions, and fireworks

extravaganzas that define the Disney theme parks experience. Disney combines rich storytelling

with the latest technology to breathe life into beloved Disney stories and characters in Disney

Parks and Resorts experiences around the world. With one foot in the present and another in the

future, Walt Disney “Imagineers” continue to create new experiences and forms of entertainment

for Disney guests of today and tomorrow.

Recently, Imagineers have explored the potential of unmanned aircraft systems (“UAS”)

and how this growing field of aviation can be incorporated into new and innovative forms of

entertainment. Disney spent years researching, developing, testing, and refining UAS

technology with the goal of bringing the magic of UAS to the public. From the opening of

Tomorrowland®, Epcot Center®, and all of Disney’s theme parks, Disney has inspired the

public through live, exhilarating demonstrations of new technology and its possibilities. In that

tradition, Disney’s UAS work has culminated in an exciting plan to use a UAS that Disney calls

“Flixels” to delight its guests and inspire the next generation of aviators and aviation engineers.

Flixels are based on traditional UAS platforms and include advanced control and positioning

technology, onboard sensors (gyroscopes, accelerometers, GPS, barometers, magnetometers),

and advanced wireless communication solutions. The Flixels system improves upon traditional

UAS platforms by adding Disney safety logic, fleet management software and systems that

enable simultaneous operational control over multiple units, supervisory logic for fulfillment of

creative requirements, and UAS optimization for use within Disney resort locations. With this

petition, Disney seeks a waiver and exemption from certain FAA rules, under Section 333 of the
2

FAA Modernization and Reform Act of 2012 and other FAA authority, to bring Flixels to life as

an element of spectacular live shows that will become fixtures at the Walt Disney World®

Resort in Orlando, Florida and the Disneyland® Resort in Anaheim, California.

As explained below, with Disney’s decades long track record of innovation and safety, as

well as its thorough safety and operational planning for Flixels, Walt Disney Imagineering is in

an ideal position to bring UAS technology to the public and to demonstrate the diligence and

commitment necessary to ensure that UAS are developed, tested, and deployed safely and

responsibly. 1

1

Supplementing this Petition, and pursuant to 14 C.F.R. § 11.35(b), Disney is filing the following

confidential and proprietary documents under seal: (1) a Proprietary Information Supplement

(hereinafter, “Proprietary Information Supplement “ or “Supplement”); (2) Operations Manual for Flixels;

(3) Flixels Maintenance Manual and Parts Replacement Schedule; (4) Flixels Operational Checklists; and

(5) Autopilot Trade Study Report.
3

II. LEGAL AUTHORITY FOR REQUESTED EXEMPTIONS

A. Acceleration of the Integration of Civil Unmanned Aircraft Systems into the

National Airspace System

The FAA Modernization and Reform Act of 2012, Pub. L. 112-95, 126 Stat. 13, requires

the FAA “to develop a comprehensive plan to safely accelerate the integration of civil UAS into

the national airspace system.” Id. § 332(a)(1). Congress specifically directed the FAA to draft

rules that would govern the integration of UAS into the national air system. Id. § 332(b).

Congress further specified that the FAA must create regulations “allow[ing] for civil operation”

of small UAS under fifty-five pounds. Id. § 332(b)(1). On February 15, 2015, the FAA released

a notice of proposed rulemaking (hereinafter, “UAS NPRM”) to establish a new framework for

the operation of small UAS.2The UAS NPRM was published in the Federal Register on

February 23, 2015.3

While the UAS rules remain in development, Congress also provided that, under Section

333 of the Act, “the Secretary of Transportation shall determine if certain [UAS] may operate

safely in the national airspace system before completion of the plan and [integration]

rulemaking.” Id. § 333(a). In its assessment of the safety of UAS operations, the Secretary is to

determine whether the UAS does “not create a hazard to users of the national airspace system or

the public or pose a threat to national security; and whether an airworthiness certification, under

49 U.S.C. § 44704(d), is required for the UAS’s operation.” Pub. L. 112-95, § 333(b)(1)-(2).

Section 333 directs the Secretary to consider the following six factors as part of the safety

analysis for UAS within the national airspace system: (1) size; (2) weight; (3) speed; (4)

operational capability; (5) proximity to airports and populated areas; and (6) operation within

visual line of sight. Id. § 333(b)(1). If the Secretary determines a UAS can safely operate in the

national airspace, the Secretary “shall establish requirements for [its] safe operation.” Id.

§ 333(c).

2

See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking (Feb. 15, 2015), https://www.faa.gov/regulations_policies/rulemaking/recently_published/

media/2120-AJ60_NPRM_2-15-2015_joint_signature.pdf.

3

See Operation and Certification of Small Unmanned Aircraft Systems, 80 Fed. Reg. 9544 (proposed

Feb. 23, 2015), available at http://www.gpo.gov/fdsys/pkg/FR-2015-02-23/pdf/2015-03544.pdf.
4

B. Exemption from Regulations to Promote the Public Interest

In addition to Section 333, Congress has separately provided that “encouraging and

developing civil aeronautics, including new aviation technology” is in the public interest. 49

U.S.C. § 40101(d)(3). Integrating small UAS into the national airspace system is additionally

important because, today, development of UAS is the most significant field of innovation within

civil aeronautics, and therefore, this development is of great importance to the public and the

future of the national airspace system. Even before enactment of Section 333, the FAA Act

provided authority for the FAA to exempt petitioners from regulations when such exemptions are

in the public interest. 49 U.S.C. § 44701(f) (providing exemptions for regulations under 49

U.S.C. §§ 44701-16); see also, e.g., Yetman v. Garvey, 261 F.3d 664, 668 (7th Cir. 2001) (“[T]he

Federal Aviation Act also provides for the granting of exemptions to any regulations

promulgated by the agency pursuant to the Act. . . . [T]he FAA may grant an exemption from its

requirements if it finds that such an exemption is in the public interest.”). The authority provided

in the FAA Modernization and Reform Act of 2012 works in tandem with, and does not replace,

this exemption authority. A petitioner is entitled to an exemption if the petitioner sufficiently

demonstrates “[t]he reasons why granting [an exemption] request would be in the public interest;

that is, how it would benefit the public as a whole” and “[t]he 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 . . . the exemption [is sought.]” 14

C.F.R. § 11.81.

III. PETITIONER AND ITS HISTORY OF SAFETY AND INNOVATION

The petitioner is Walt Disney Parks and Resorts U.S., Inc., located at 1375 Buena Vista

Drive, 4th Floor – North, Lake Buena Vista, FL 32830.

The initial point of contact for questions concerning this petition is Charles A. Blanchard,

outside counsel for Disney. Mr. Blanchard’s contact information is:
5

Charles A. Blanchard

ARNOLD & PORTER LLP

601 Massachusetts Ave. NW

Washington, DC 20001

(202) 942-5805

Charles.Blanchard@aporter.com

Disney has a rich, well-documented legacy of safety and innovation. Every year,

millions of people from around the world visit the Disneyland® Resort and Walt Disney World®

Resort to share in the fun and fantasy that have long delighted our guests. Disney takes pride in

everything it does to promote safety at its properties, from the Imagineers who apply advanced

safety technologies to its attractions to the security staff who patrol its properties in vehicles, on

bicycles, and on foot twenty-four hours a day. Disney’s attractions are equipped with a broad

range of advanced safety technologies – many developed by Disney. While each attraction has a

unique combination of safety systems and show elements, some of the safety technologies found

in the attractions include:

 Redundant brakes designed to safely stop ride vehicles even if the primary brake

system fails;

 Dual ride-control systems that allow certain attractions to operate only if both

systems “agree” that monitored conditions for safe ride operations have been

satisfied;

 Monitored seat belts that help identify restraining devices that may not be

properly secured;

 Redundant track sensors that monitor vehicle speed and location;

 Pressurized tubular track rail that monitors the structural integrity of the track;

 Automated barriers, such as station gates, that provide a barrier for Guests

attempting to board vehicles or entering the ride path prematurely;

 Anti-rollback mechanisms in tracks and cars designed to stop vehicles on steep

inclines from sliding backward;

 Multi-screen video monitoring that provides staff with various views of ride

vehicles;

 Computerized messaging systems that provide ride information to operations;
6

 Motor controller over-speed detection that tracks the speed of drive motors and

automatically shuts them down in the event they exceed acceptable velocities;

 Maintenance and engineering teams for troubleshooting; and

 Backup power in case of power failure.

Disney also evaluates new technologies as they emerge and continually seeks opportunities to

incorporate such technologies into both new and existing attractions. Disney’s history of

leadership in safety technology includes being the first company to deploy a variety of safety

measures in rides. This leadership dates back to the introduction of the first steel-track

rollercoaster, the Matterhorn Bobsleds, at the Disneyland® Resort in 1959.

Disney has also been a pioneer with innovative forms of aerial entertainment. In fact, in

December 2012, Disney made several flights of an Imagineers-designed “fire breathing dragon,”

which was actually an elaborate glider and parachute obscured by the night sky, over The Magic

Kingdom at Walt Disney World® to celebrate the grand opening of Fantasyland®.4To produce

the “fire breathing” effect, the dragon used a small pyrotechnic system mounted to its “snout.”

Disney worked closely with the FAA to obtain proper waivers and clearances and the dragon’s

flights were a resounding success. More importantly, the flights embodied both Disney’s spirit

of innovation and dedication to safety. In that same spirit, and with the company’s experience in

Ride Systems and Pyrotechnics in mind, Disney designed the Flixels system to reflect its

commitment to all aspects of technological innovation, operational best practices, and safety

redundancies.

IV. PROPOSED FLIGHTS

Disney seeks authorization for UAS flights associated with shows of flying special

effects, such as geometric shapes, at the Walt Disney World® and Disneyland® Resorts utilizing

up to fifty unmanned aircraft.5The Flixels system comprises a fleet of multicopters; a show

“payload”; show operator stations and software; show development software; onboard and offboard logic for show performance; wireless antennae and radios; a lighting control system and

software; a landing system; and fail tolerance, safety, and stability systems. Flixels will follow

4

See Inside the Magic, Flying Dragon debuts at Walt Disney World for New Fantasyland grand opening

(Dec. 5, 2012), https://www.youtube.com/watch?v=Yqve5mPRK0c.

5

See Proprietary Information Supplement, Section II.
7

pre-programmed flight paths and emit LED lights when activated. The unmanned aircraft will

be airborne for approximately five minutes. A Flixels payload is typically an inanimate object

mounted to the multicopter and may be larger than the multicopter.

Although most flights will take place after the end of civil twilight, Walt Disney World®

and Disneyland® Resort Operations, and the Flixels system, provide comprehensive mitigating

safety measures, including flight areas at least 100 feet at all points from permitted guestviewing areas, two geofences, and redundant computation units that constantly evaluate Flixels

distances from one another, altitudes, and return-safe positioning roughly every three-tenths of a

second. Flixels activity will not interrupt national airspace activity because the Walt Disney

World® and Disneyland® Resorts airspaces are registered no-fly zones. See section VII.D

below.

Flixels are to accompany entertainment at the Walt Disney World® and Disneyland®

Resorts, including during each resort’s nightly Fireworks Spectaculars. Deployed from a

monitored platform designated as the launch/land area in restricted access areas of each resort,

Flixels will be “magically” incorporated into Disney story elements that engage and inspire

children and their families. Once the show segment concludes, Flixels will return to the

launching/landing area.

The Flixels’ fleet consists of four, six, or eight propeller multicopters. Flixels operate

within assigned subnetworks for communication to the ground and each other, where each

subnetwork comprises five multicopters. Each Flixels weighs less than ten pounds. Each

multicopter includes a special effects element (e.g., LED lighting), battery, and wireless signal

receiver/radio. Flixels will fly slower than six knots groundspeed during a short (e.g., five

minute) airborne segment. All Flixels flights are restricted to an airspace no more than 600 feet

in diameter and Flixels’ maximum flight level will be no higher than 150 feet AGL.

Flight areas and flight paths are designed to maximize safety procedures in place at the

Walt Disney World® and Disneyland® Resorts. First, all operations will occur within no-fly

zones. Second, proposed shows have flight areas at least 100 feet from permitted guest-viewing

areas at all times. Third, Flixels launch from and land within restricted areas and their flight

paths will largely take place over water elements and restricted areas. Notably, Disney is highly
8

experienced in ensuring safety for guests and staff within the area where Flixels will operate

since it is the same space where Disney has operated regular, large-scale pyrotechnic shows for

several decades. Disney has drawn on this rich body of experience in its design and

development of Flixels.

Already an innovator in ride attraction safety, Disney designed and developed the Flixels

program as if it were a ride attraction. This means that Disney incorporated redundant control

systems and redundant fail safe programs into the design. Flixels is meant to operate like a

traditional attraction—including single user operation, incorporation of off-stage activities and

on-stage activities, support personnel (spotting and quality control) and engineering and

maintenance—all while maintaining ease of creative programming, storytelling, and show

repeatability.

Figure 1: Example of Disneyland® Flixels Isolated Flight Area
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Figure 2: Example of Epcot® Flixels Isolated Flight Area at the Walt Disney World Resort®

Second, all Flixels entertainment at the Walt Disney World® Resorts or Disneyland®

Resort will include two geofences that establish a 100 foot boundary surrounding the show space

and separate the flight area from the audience. The geofence boundary includes a forty-nine foot

safety margin between the audience and any Flixels (assuming maximum trajectory). Given the

Flixels’ ESTOP reaction time of three-tenths of a second (i.e., 3Hz) over a one foot distance at its

governed maximum velocity (six knots), the perimeters built into the geofences, combined with

the standard 100 foot distance between flight areas and guest-permitted areas, are additional

precautions that will further protect guest and staff safety. See Flixels Example Entire Show

Area and Geofence Safety Distances in Figure 3 below.
10

Figure 3: Flixels Example Entire Show Area and Geofence Safety Distances

Third, the entire Flixels performance—including system operation, launch, landing, show

segment, flight area, and flight path—will take place in each Resort’s pyrotechnic clear zone.

The pyrotechnic clear zones are larger than existing safety perimeters that are utilized frequently

in Disney operations. These zones are controlled areas that are not accessible to guests and are

restricted to properly trained staff(i.e., resort employees), before, during, and after fireworks

shows. See Disneyland® Example in Figure 1 and Disney World® Example in Figure 2 above

(demonstrating how the Flixels flight paths and flight areas will not pass over the two

pyrotechnic launch sites within Disney’s resorts).

In designing the Flixels program, Disney has focused on providing innovative

entertainment that is inspiring and safe for resort workers and guests. Because shows involve a

high level of automation, a Flixels Operator (“Operator”) will be able to safely oversee the flight

of fifty Flixels per show. Disney’s controlled environment allows for RF control, provides

greater assurance of a strong communication link with the multicopters, and minimizes the risk

of a potential link loss. Each Flixels has a predetermined flight path. Each flight path is verified
11

by simulation using both animation (i.e., creative needs) and geographic information systems

(i.e., ground truth) to identify all obstacles and to account for varying weather

conditions/environment. Each predetermined flight path is stored onboard each Flixels in the

event it encounters a lost RF link and all flight path information is always verified immediately

before takeoff and, if it cannot be verified, the vehicle is disabled automatically and will not be

used in that show. Though Flixels execute the requested paths via onboard software and are not

reliant on a conductor’s individual inputs, a central ground component monitors, and if necessary

can issue safety commands that override any Flixels autonomous capability.6

Further, and separate from the two geofence barriers, the Flixels system also has several

safety catch points to maintain Flixels spacing (i.e., sense and avoid). There are off-board

monitoring subsystems that both evaluate vehicle spacing (e.g., watchdogs, collision avoidance

algorithms, etc.) and can force a Flixels multicopter into a safety response. Onboard each Flixels

multicopter are altitude monitoring, speed sensors, and GPS sensing systems that can

automatically issue safety actions. Finally, the Operator at each show’s command base can, at

will, issue safety commands to a single Flixels multicopter, multiple Flixels, or the entire Flixels

fleet based on status reports (i.e., telemetry) provided by the Flixels software at a one second

update rate. To support this Operator function, for example, observers or spotters can be placed

at a high elevation, such as a maintenance area on the Matterhorn at Disneyland®, to provide

additional visual line of sight (“VLOS”) capability.

This combination of features with multiple redundancies and safeguards will ensure the

safe operation of the Flixels for the entire duration of their operations, from launch to landing.

V. THE FLIXELS UNMANNED AIRCRAFT SYSTEM

Each Flixels performance will utilize up to fifty small unmanned aircraft. Flixels

multicopters were designed by Disney and manufactured through an established UAS vendor,

currently 3D Robotics, Inc. (“3DR”), 1608 4th Street, Suite 410, Berkeley, CA 94710. They

were designed, created, and outfitted specifically to provide safe entertainment at the Walt

6 The central ground component, also known as the ground component system (“GCS”), automatically

evaluates safety compliance of the Flixels fleet and may automatically issue a safety response. In

addition, the Flixels operating system displays real time telemetry to the Operator so that he/she may use

manual controls to trigger a safety response overriding any automatic action.
12

Disney World® and Disneyland® Resorts, all while meeting creative and technical performance

requirements demanded by Disney operational standards.

Flixels are currently four, six, or eight propeller multicopters. Each type of Flixels is

powered by a lithium-ion polymer (“LiPo”) 11.1V battery and has a maximum flight time of

roughly ten minutes. As a safety precaution, each multicopter has enough battery power to

continuously operate for two times the length of its segment, while also taking into account

Disney’s payload specifications and weather condition limits. Each multicopter has a maximum

speed of six knots; or three meters per second groundspeed. A fully loaded multicopter will

weigh up to ten pounds, with a payload that may include an LED Module, 9V battery, and

wireless transceiver. Given their light weight and slow speed capabilities, the Flixels can be

safely operated at Walt Disney World® and Disneyland® Resorts through automated controls,

visual sightlines, and manual safety action/ESTOP procedures.

A. Technical Specifications

The Proprietary Information Supplement, Section III, provides technical specifications

for the Flixels.

B. Flixels System and Flight Control

Flixels are operated through version 1.0 of the Ethereal software system developed by

Disney. Every multicopter uses a 3DR or compatible APM/ArduCopter flight controller with

GPS positioning sensor. The APM flight controller has been commercially available since 2013

and is an established and proven controller for autonomous flight.7 Disney and 3DR customized

the APM hardware and compatible software to accommodate theme park requirements.

Although Disney designed the Flixels multicopters, 3DR currently manufactures the multicopters

under their quality controls. Disney staff verifies the quality of the manufactured multicopters

through offsite flight testing. 8 Both the Flixels hardware and software are designed to maximize

safety for Disney guests and staff.

7

See the Autopilot Trade Study Report submitted separately with this Petition.

8

For more information on Disney’s testing of Flixels, see Proprietary Information Supplement Section

VII.
13

Flixels hardware includes the fleet of multicopters, an Operator station, wireless

antennae, a lighting control system, perimeter monitoring system, and landing monitor system.

The Operator station includes a computer system designed to monitor and control multicopter

launch, landing, and formation. The wireless antennae transmit and receive data

communications from the multicopters for the entire time that the multicopters are powered on.

The lighting control system uses data receivers mounted on a multicopter or its payloads in order

to illuminate onboard lights, thus providing special effects for the audience. The onboard

perimeter monitoring subsystem detects any vehicle that has left the first geofence and then

automatically notifies all operators for the show. An off-board landing subsystem utilizes

cameras to monitor and provide additional control to safely and accurately land each Flixels in a

precise location.

Flixels software is also designed to maximize safety and maintain control over the Flixels

at all times. The Flixels operator system software requires the Operator to perform several

discrete tasks. This includes performing pre-flight diagnostics on each multicopter, initiating

launch, monitoring Flixels operations continuously throughout the show, and performing any

necessary emergency procedures. Complementing the Flixels control software, each multicopter

is equipped with onboard software that continuously verifies its operation within the defined

flight area and geofences. Every multicopter is also outfitted with a series of onboard sensors

(GPS, gyroscope, compass, and barometer) to ensure it stays within stable formation and safely

executes the pre-programmed choreography. Finally, the Operator’s station utilizes off-board

inputs to perform collision avoidance data analysis for the entire fleet of multicopters and can

send commands to the entire Flixels fleet, to a subnetwork, or to an individual multicopter in

order to prevent vehicle collision.

As an added failsafe redundancy, the Operator can manually control each multicopter at

any point during the show and can intervene to change the flight of any multicopter. The Flixels

system is not “completely autonomous” as provided in FAA Interim Operational Guidance.

Therefore, the Flixels system complies with FAA Interim Operational Guidance 08-01 ¶ 8.2.9

(March 13, 2008) for autonomous operations. Additional detail on the Flixels flight operations

and flight control can be found in the Proprietary Information Supplement, Sections V, and VI.
14

C. Communications Link

To minimize the effects of a lost link and to simplify the onboard control logic, the

Flixels system uses multichannel mesh communication network architecture. The base station

consists of two components: (1) the Operator workstation, and (2) any required lighting/special

effects workstation, each having a communications (RF) component. Each Flixels carries three

onboard transceivers, rather than one, for base station RF communications. Each of a Flixels’

three transceivers has its own unique identification, encryption, and assigned channel on the ISM

frequency bands. The base station communicates with each multicopter over two frequencies:

(1) the ISM 900Mhz band for supervisory control, onboard ‘heartbeat,’ onboard and ground

signal watchdogs, and (2) the ISM 2.4Ghz for master heartbeat commands and show payload

(e.g., lighting and special effects) control. The dual nature of the frequencies allows multicopters

to evaluate and resolve whether a frequency problem is localized or system-wide. Flixels’

watchdog software constantly evaluates and compares the ground generated heartbeat signals to

the onboard generated heart beat signal to determine the proper safety response in the event RF

link is lost due to ground error (e.g., environmental interference) or onboard error (e.g., range

issues or hardware malfunctions).

Heartbeats and watchdogs are commonly used safety logic mechanisms in the robotic

automation industry. A heartbeat is a broadcasted, periodic signal that is generated by hardware

or software to indicate normal operation throughout the power cycle of the device. A watchdog

is a software logic timer that is used to detect computer malfunctions; typically, a watchdog

monitors and evaluates heartbeats. When a heartbeat cannot be generated, or when a watchdog

does not see an expected heartbeat, the Flixels software triggers a safety response. Flixels

software implements multiple heartbeat generators and watchdogs to evaluate the health of the

multicopters and fleet as a whole.
15

Figure 4: Flixels Dual Frequencies and Communications Links Detail

Flixels attempt to perform safety maneuvers, including an emergency landing, before

issuing an ESTOP disable action that removes power to rotors—a last resort if all

communications and hardware fail. To ensure flexibility and to maximize safety action options,

the frequencies are not tightly coupled to control technology. The 900Mhz and 2.4Ghz may be

switched to another frequency, like WiMax/3.6Ghz, 700Mhz, 72Mhz, etc. as needed. With this

RF design approach, signal reliability is high and the aircraft design is simplified to minimize

link loss. The system is set up to use current RF equipment that has CE/EU certification and

active registration with the FCC (FCCID).

The current RF configuration allows a theoretical flight area of up to 3280 (one km) feet

horizontally based on manufacturer data. According to Disney testing, the realistic/reliable range

is about 600 feet from launch position (i.e., radial). Hence, the Flixels system is typically

configured for a flight area of 600 feet maximum within a horizontal radius. Service ceiling of

the vehicle is theoretically at 23009feet AGL, though each Flixels multicopter is control

restricted to below 150 feet AGL.

9 Approximate service ceiling with 1 kilogram payload.

Onboard Heartbeat Signal

If the frequency is non-functional, the

multicopter will automatically attempt

reconnection, and RALLY to a safe position

or issue a safety response.

**This process allows the multicopter to

determine if the frequency problem is local

interference or hardware malfunction.**

Operator Station Heartbeat Signal

If the frequency is non-functional, the system

will automatically issue a HOLD safety

command on all multicopters, with allowances

for Operator overrides, as needed.

**This process tells all multicopters if the

frequency problem is system-wide. **
16

The Proprietary Information Supplement, Section IV, contains more information on the

communications subsystem

D. Lost Link Protection

The Flixels system has both manual and built-in automatic procedures to maximize safety

and recovery within the flight area if there is a loss of communication and/or the GPS wireless

signal. The Flixels system’s lost link protection prevents multicopters from leaving the flight

area, and it reestablishes control and monitoring of a problematic multicopter or Flixels

subnetwork to provide adequate time for an appropriate safety response.

The Flixels system automatically detects a loss of communication and notifies the

Operator if such a loss occurs. Within three-tenths of a second after detecting a lost link, the

Flixels control software will issue avoidance collision commands, as needed, to the other

multicopters near the malfunctioning multicopter and the affected multicopter will automatically

take corrective measures to hold position. If the loss of communications exceeds three seconds,

the multicopter will proceed to a safe position, also known as a RALLY position. The RALLY

position is a location on the flight area perimeter that is away from other vehicles.10 Once a

multicopter reaches a RALLY position, it will HOLD and await operator input for a safety

command (e.g., Return to Home), otherwise it will ABORT and land in place. The Flixels

control software sends commands to other vehicles to avoid collisions with the malfunctioning

multicopter.

The manual controls of the ground component provide an additional layer of protection.

First, the Operator and Spotter will look out for and monitor any malfunctioning multicopter or

Flixels subnetwork. Second, upon noticing a malfunction, the Spotter will update the Operator

and team on the status of the malfunctioning multicopter. Third, the Operator will verify that the

Flixels system has properly identified the multicopter in question and monitor the multicopter’s

automatic return to the “home position.” Finally, the Operator may issue an ABORT command

to the multicopter, which will cause it to hold position and slowly land in place.

10 In some show scenarios, the RALLY position may be the last known valid position or the HOME

position. These positions are pre-configured prior to the start of each show.
17

To ensure safety, Flixels are designed to descend slowly, even in non-normal flight

conditions. When necessary, the ABORT function is designed to force Flixels into a safe, slow

rate of descent, no faster than four knots (approximately two meters per second) while

maintaining level orientation. As a last measure, the Operator can disable a Flixels flight by

removing motor power through an ESTOP function that forces Flixels into a drag-controlled free

fall at a maximum rate of thirty-two feet/s2(9.8 m/s2– the standard rate of gravity). The ESTOP

function’s maximum descent rate represents the maximum speed a Flixels multicopter could

achieve if the redundant levels of safety catch points fail. Similar to all Flixels action

commands, ABORT and ESTOP functions all take place within the Flixels flight area over water

elements and restricted areas.

Disney designed the Flixels show settings to take place in controlled environments that

provide assurances for strong communications links and minimize the potential for link loss. For

the Flixels nighttime shows, the potential for link loss is minimized even further because there is

less frequency interference from other non-Park related public activity and due to the absence of

potential solar activity, like solar flares, that could affect the GPS system.

Section VI of the Proprietary Information Supplement, provides additional detail on

Flixels lost link response.

E. Additional Safety Features

The Flixels system has several additional features that further ensure safety for all

persons if an unexpected emergency occurs. The Flixels system maximizes safety and control at

every stage of the Flixels’ operations: launch, flight, and landing.

First, at the Flixels launch stage, the system has built-in safety actions prepared for

multicopter hardware malfunction (failure to launch vertically and a failure to achieve zeroing

altitude) and base station failure (including link loss at the base station level). A detailed

description of these Flixels safety actions is provided in the Proprietary Information Supplement,

Section V.

Second, during flight and the show, the Flixels system is designed to address several

emergency scenarios: battery depletion; geofence entrance; wind affecting flight path;
18

multicopter collision; sensor malfunction; hardware malfunctions; and base station failures. The

procedures for hardware malfunctions and base station failure are the same as the protocol that

apply in the case of launch errors. A detailed description of these Flixels safety actions is

included in the Proprietary Information Supplement, Section V.

Third, the Flixels System is prepared for multiple emergency scenarios at the landing

stage of flight, including failure to land on target, vision system failure, and base station failure.

The procedures for base station failure are the same as the protocols for launch errors. A detailed

description of these Flixels safety actions is also provided in the Proprietary Information

Supplement, Section V.

Overall, the Flixels system follows an automated, escalating set of safety responses as

illustrated in diagram below.

Figure 5: Flixels Failure Response Escalation
19

These additional precautions illustrate the importance of safety and control within the

Flixels system. These measures work in tandem with a double geofence barrier, i.e., a 100 foot

perimeter between the flight area and any guest area, and slow maximum multicopter speed to

ensure the show is operated at a level of maximum safety for guests and workers.

F. Payload

Each multicopter carries a show element payload. The payload consists of a physical

structure or “special effects mechanism,”11 an LED lighting module powered by a 9V battery,

and a wireless signal receiver. Typically, the physical structure of the payload will be larger than

the multicopter itself such that the maximum size dimensions for any payload will be 48” x 48” x

48.” The maximum payload weight will be five pounds. To ensure safety and prevent loss in

flight, the payload will be securely attached to each multicopter with a minimum of four

permanent, eighteen pound tensile strength nylon cable ties.

G. Manuals

Flixels operations and safety plans are subject to extensive documentation, including an

Operations Manual. All necessary documentation, including the manual, will be available to the

Operator, at the Operator’s station, as required by 14 C.F.R. § 91.9(b). See FAA, Memorandum,

Interpretation regarding whether certain required documents may be kept at an unmanned

aircraft's control station (Aug. 8, 2014). Including this Petition’s Proprietary Information

Supplement, Disney is filing under seal the following material: (1) Proprietary Information

Supplement; (2) Operations Manual for Flixels; (3) Flixels Maintenance Manual and Parts

Replacement Schedule; (4) Flixels Operational Checklists; and (5) Autopilot Trade Study

Report.

H. Maintenance and Replacement

Like all Walt Disney World® and Disneyland® attractions, Flixels will undergo rigorous

regular maintenance and will be held to the same high standards that have earned Disney Theme

Parks an unparalleled safety record. The Flixels system and its multicopters are user-friendly

11 A “special effects mechanism” is a device or product that creates a special effect. It can be larger or

heavier than the multicopter.
20

and require little anticipated regular maintenance. Staff will follow detailed operational

checklists that provide the appropriate steps for offsite storage inspections, system assembly, preflight checks, show execution, and post-show operation. Besides software verification and

reboots, the primary form of regular maintenance is hardware inspection. Post-show, Flixels

staff will first ensure that each multicopter has automatically stopped upon landing and,

following confirmation of disablement, will disconnect each multicopter’s power and lighting

batteries. Flixels staff will next inspect the multicopter, its propellers, and payload and will

verify that they all are free of damage. Additional inspections include a check to make sure all

parts remain securely in place and attached. Through regular maintenance, Flixels Operators and

staff will confirm that the Flixels system maintains a condition appropriate for continued safe,

controlled, and airworthy operation. For more information on maintenance and parts

replacement, see the Proprietary Information Supplement, Section VIII.

I. Battery Power and Flight Duration

The Flixels multicopter is powered by a 11.1V battery and the payload’s LED module

and lighting control receiver are powered by a 9V battery. The maximum flight duration of the

11.1V battery is approximately ten minutes. However, the total Flixels flight time for the show

is configured for five minutes. Thus, there is approximately five minutes of extra battery life in

each multicopter, which provides a wide safety margin. This correlates to enough extra battery

life to run an additional Flixels show before a multicopter runs out of power. Further, as stated

in section E above, there are safety mechanisms within the Flixels software to detect an undervoltage level, which is pre-configured before flight. If the battery power hits the pre-configured

level, which will be set at “twenty-five percent until depletion,” the multicopter will

automatically issue a HOLD command and notify the Operator for supervisory input before

automatically attempting a predefined safety response (e.g., ABORT and land in place).

It is unlikely, however, that any multicopter will ever need these added safety measures

as batteries are properly sized for twice the capacity required in a show period. In addition,

every Flixels’ batteries have an audit log and will be inspected and fully charged before each

flight.
21

J. Noise

A detailed noise analysis for the Flixels multicopters is unnecessary because an

airworthiness certificate is not required. See FAA, Public Guidance for Exemptions Filed Under

Section 333, at 4 (2014) (“[I]f a determination is made under Section 333 that an airworthiness

certificate is not required, noise certification and testing will also not be required for the subject

aircraft for the term of the exemption.”). However, the multicopters are battery powered and,

therefore, emit little noise. Further, what little noise the multicopters do emit will be

insignificant relative to the nighttime entertainment noise and music in the resorts for the

duration of the entire flight. According to Disney’s tests, multicopters generate sixty-three to

sixty-eight decibels at a three meter (nine feet) distance, hovering with payload attached.

K. Registration and Markings

Each Flixels multicopter will be registered and marked pursuant to 14 C.F.R. parts 45

and 47. Necessary documentation of registration will be available at the Operator’s station. See

FAA, Memorandum, Interpretation regarding whether certain required documents may be kept at

an unmanned aircraft's control station (Aug. 8, 2014). Because the Flixels will be used for

exhibition purposes at Disney Theme Parks and a visible UAS marking would interfere with

Flixels entertainment functions and be inconsistent with exhibition of the aircraft, the markings

may be obscured or covered consistent with 14 C.F.R. § 45.22(a). However, the Flixels system

will individually track and identify each Flixels within show operations. For example, the

Flixels software system requires live telemetry updates every second and continuously displays

to all users the location and identification of each individual Flixels multicopter. Moreover,

within the Flixels communications system, each multicopter will have a unique identifier and

channel. Thus, the Flixels will be tracked and identifiable by means that exceed the

requirements of 14 C.F.R. § 45.22(a), which otherwise does not require marking of exhibition

aircraft for operations like Flixels.12

12 Section 45.22(a) provides that “[w]hen display of aircraft nationality and registration marks in

accordance with §§45.21 and 45.23 through 45.33 would be inconsistent with exhibition of that aircraft, a

U.S.-registered aircraft may be operated without displaying those marks anywhere on the aircraft if: (1) It

is operated for the purpose of exhibition, including a motion picture or television production, or an

airshow; (2) Except for practice and test fights necessary for exhibition purposes, it is operated only at the

location of the exhibition, between the exhibition locations, and between those locations and the base of
22

VI. FLIXELS OPERATORS AND OBSERVERS

The Flixels system entails the operation of ten-pound13 multicopters flying along preprogrammed paths, in a small, isolated flight area, at less than six knots groundspeed, within

Disneyland® or Walt Disney World’s® no-fly zone. The Flixels multicopters interact with one

another and are controlled through automated software; manual controls are in place only as

secondary safety measures. Because the Flixels’ operation is based on pre-programmed and

thoroughly advanced tested flights, coordination is seamless and provides little room for human

error.

Typically, four Disney staff members will be responsible for the maintenance and

operation of the Flixels system. For all Flixels activities, Disney employees will take on one of

four roles: (1) Operator; (2) Stage Manager; (3) Entertainment Systems Lead Technician; and

(4) Spotter. See Figure 6 below. A minimum of two staff members, the Operator and Stage

Manager, operate the Flixels system during show performance. In addition to the roles required

for show operations, the Entertainment Systems Lead Technician , who is responsible for the

readiness of the multicopter fleet, completes his/her responsibilities during the pre- and postshow activities. Similarly, during show execution, a Disney staff member may act as a Spotter.

The Operator has the authority to pre-configure, start, operate, stop, or perform safety

commands on all multicopters individually or as a fleet before, during, and after show activities.

The Operator confirms that the Flixels can follow all pre-configured flight paths while

maintaining groundspeed of less than six knots and more than ten feet of distance (vertical and

horizontal) from one another. While the multicopters are ready for flight or in flight, the

Operator is the only staff member authorized to issue show and safety commands. Show

commands are launch and start show, move to start position (“zeroing”), run show, and return to

home (post show, landing site). The override commands offered to the Operator are only safety

operations of the aircraft; and (3) For each flight in the United States: . . . (i) It is operated with the prior

approval of the Flight Standards District Office, in the case of a flight within the lateral boundaries of the

surface areas of Class B, Class C, Class D, or Class E airspace designated for the takeoff airport, or within

4.4 nautical miles of that airport if it is within Class G airspace; or (ii) It is operated under a flight plan

filed under either §91.153 or §91.169 of this chapter describing the marks it displays, in the case of any

other flight.” Flixels (1) will be operated for the purpose of exhibition; (2) will be operated only at the

location of the exhibition; and (3) will be operated under a flight plan filed consistent with FAA rules.

13 This weight includes payload and special effects elements.
23

responses such as hold current position, return to designated home position (landing site),

ABORT (land in current position), or ESTOP (disable motors). As an additional security

precaution, the Operator is the sole user with the password needed to access the base station and

Flixels control software, which activate and control the multicopters.

Figure 6: Flixels Operations Overview

The Operator position requires a different set of skills than those needed to operate

traditional aircraft or UAS as a pilot in command (“PIC”). Most importantly, the Flixels

multicopters are not, and do not operate like, traditional aircraft. While the Operator position

requires extensive training in the Flixels system and its software, it does not necessitate the need

for a pilot or medical certificate. For example, the Operator is trained to operate the show

through software that starts the multicopters, confirms the health status of the fleet, takes

automated actions if flight issues arise, executes post-flight activities, and stops the multicopters

after landing. The skills the Operator needs to conduct these activities require extensive training

in software controls and an understanding of computer functions. But they do not require the

skills required of a PIC for a traditional aircraft, such as navigating air traffic control and

traveling safely through national airspace. The Flixels multicopters will only fly in a safe and

controlled environment and not an airspace where being a certified pilot would be a required
24

asset. The Operator’s manual commands are built-in safety redundancies to maximize control

over the multicopter fleet and maximize the safety of resort guests. If the Operator became

unavailable before a show, the Flixels segment will be cancelled.

Similarly, the Stage Manager, Entertainment Systems Lead Technician, and Spotter

positions do not require pilot or medical certificates. The Stage Manager is responsible for a

show’s non-flight operations, including the show’s timing. He or she communicates with the

Operator on the timing of show execution. The Stage Manager also can cancel a show for safety

and non-safety reasons and is responsible for collecting, logging, and collating all information

about the show performance, Operator action, and reports from Flixels supporting personnel.

The Stage Manager can cancel a show if the Operator is unavailable.

The Entertainment Systems Lead Technician is responsible for the operational readiness

of the fleet during non-show operations. During pre-show checks, the Technician inspects all

parts and verifies that all multicopters meet all flight specifications. The Technician will ensure

any necessary replacement multicopter is properly configured. The Technician is responsible for

storage, shipping, set up, and tear down of the Flixels system. The Technician is also required to

maintain a repair and replacement log and work with the Operator on the status of the

multicopter fleet. Following landing, the Technician will verify that all multicopters have been

disabled, and if there are problems with the Flixels control software, the Technician will take

direction from the Operator. As the Technician position is primarily responsible for the

continued vitality of the Flixels system on the ground, it requires no pilot or medical certificate.

In addition to the Operator, the Spotter will keep the multicopters within their visual line

of sight during the entire Flixels five minute flight. See FAA Order 8900.1, vol. 16, ch.4, § 4

(2014) (setting out requirements for UAS observers). The Spotter will maintain verbal

communication, via a two-way radio system, with the Operator and Stage Manager before,

during, and after show activities. Communicating through a two-way radio system is standard

operating procedure for all Disney park shows and parades. The Spotter will report any

anomalies to the Operator based on making comparisons to the show script and cue sheet. If

there is potential for a hazardous situation, the Spotter will notify the Operator and Stage

Manager via two-way radio. For example, at Disneyland®, the Spotter will be situated at a

minimum of twenty-five feet AGL (and typically sixty-five feet AGL) and able to provide aerial
25

observations for the flight area. Regarding the Flixels system and the resort’s safety protocols,

the Spotter will provide observations of Flixels performance, updates on weather conditions, and

perform security notifications if any guests attempt to enter the 100-foot show boundary area.

Although the Walt Disney World® and Disneyland® Resorts are no-fly zones, the Spotter will

also notify the Operator and Stage Manager if there appears to be any approaching aircraft,

gliders, parachutes, balloons, etc. The Spotter will rely solely on their vision (or lens-corrected

vision) and will not use vision aids, like binoculars, field glasses, night-vision devices, or any

other tool as the primary means of visual contact. When the shows occur at nighttime, the

Spotter will be in place thirty minutes before flight time to ensure adaptation to the dark and plan

what visual cues (vehicle lights, special effects, show lights, etc.) will be used for VLOS

validation. During show planning activities, the Stage Manager and Operator will not leverage

or “daisy-chain” the Spotter’s capabilities to increase show range beyond the designated flight

zone.

VII. FLIXELS FLIGHT CONDITIONS

A. Weather Conditions

The Flixels system follows a restrictive standard for permissible weather safety

conditions that is similar to Walt Disney World® and Disneyland® Resorts’ weather

requirements for fireworks shows. The benchmark for the Flixels system to operate is zero

precipitation and relative humidity less than ninety-eight percent. As a fly-away preventative

measure and to maintain safe levels of control, the Flixels system will not be operated unless

constant wind speeds are less than ten mph (8.7 knots) and wind gusts are less than fifteen mph

(thirteen knots). These levels will be monitored based on various digital weather stations

mounted on outdoor attractions at Disneyland® and Walt Disney World®. The wind data will

be monitored for three hours before the scheduled launch by the Walt Disney World® or

Disneyland® Resort Weather Stations, and wind speeds will also be monitored by a portable

anemometer operated by the Spotter within the show area and that reports data to the Operator.

The Flixels weather parameters, determined during the Flixels’ battery capacity and depletion

safety testing, are designed to maximize the safety of Flixels operations. In testing, Disney

subjected Flixels to more demanding weather conditions (twenty-plus mph winds, non-normal
26

operation temperatures, rain, etc.) to determine an appropriate weather standard for show quality

and safety.

B. Visual Line of Sight (“VLOS”)

In compliance with FAA Order 8900.1, vol. 16, ch. 5, § 7, WDI defines the VLOS as

within the sightline of the human eye without vision aids or magnification. The Flixels

multicopters will be kept within the visual line of sight (VLOS) of at least the Flixels Operator

and one Spotter. The Operator and Spotter’s positions can view the entire airspace and Flixels

flight area without obstruction. Further, the farthest distance a Flixels multicopter could travel

from the Operator and Spotter is 600 feet. This is well within the VLOS.

C. Coordination with FAA

Because the flights are scheduled to occur daily and will all follow the same flight path,

Disney will coordinate with the FAA and submit a Plan of Activities to the FAA Flight

Standards District Office for the Anaheim and Orlando flight areas. Disney will include in its

Plan of Activities the following information: (1) time details of the scheduled flights; (2) the

names and phone numbers of the Flixels Operator and staff responsible for the Flixels’ operation;

(3) a statement from Walt Disney World® or Disneyland® Resort providing authority for the

flights; (4) a description of the flight path and diagrams of flight area with geofence boundaries;

and (5) the safety plan manuals. Disney will notify the FAA of any changes in the scheduled

flight and will request a change seventy-two hours before any non-scheduled flight.

D. No-Fly Zone

Both Walt Disney World® and Disneyland® are protected by a three-nautical mile radius

no-fly zone. See NOTAM No. FDC 4/3635 (Oct. 27, 2014) (Disneyland® Theme Park,

Anaheim, California); NOTAM No. FDC 4/3634 (Oct. 27, 2014) (Walt Disney World® Theme

Park, Orlando, Florida). The airspaces surrounding Disneyland® and within Walt Disney

World® are classified as “National Defense Airspace[s]” and persons entering the airspace

without authorization are subject to legal penalties. Under each resort’s NOTAM, flights

conducted for operational purposes of any Disneyland® or Walt Disney World® event and

venue are authorized with an approved waiver (which Disney will separately seek for Flixels).
27

Even without the geofences in place, Flixels’ maximum range is well within the three-mile

radius of the no-fly zone. Accordingly, Flixels will operate only in restricted airspace and at low

altitudes.

E. Night Operation

For the Flixels shows requiring lighting effects, flights will occur after dark. But the

Flixels system incorporates multiple safeguards to mitigate hazards associated with nighttime

flight. First, as noted above, all operations will occur entirely within the Resorts’ existing no-fly

zones. Second, the flight area is set up to ensure that all multicopters remain at least 100 feet

from permitted guest-viewing areas at all times. Third, the flight area is enforced by two

geofences. Fourth, onboard redundant hardware and software systems protect the system from

operating outside established parameters. Fifth, in addition to the safety design of Disney’s

controlled environments, the nighttime settings provide greater assurance of stronger

communication links with the multicopters. At night, there is less frequency interference and no

solar impact on GPS, minimizing even further the potential for a link loss.

Importantly, collision mitigation is inherent in Flixels operation because all flight paths

are scripted, programmed, and tested before flight; they are continuously monitored and verified

during flight, and, as described in section V.E above, deviation from the programmed flight path

results in escalating levels of automatic and/or Operator response. The Flixels will also have

navigation and/or auxiliary lighting sufficient for the operator to maintain visual contact with the

aircraft. The Flixels system can operate safely within a nighttime environment as provided in

FAA Interim Operational Guidance 08-01 ¶ 8.2.7 (March 13, 2008) (“Nighttime operations may

be considered in other airspace if the applicant provides a safety case and sufficient mitigation to

avoid collision hazards at night.”). Cf. Pictorvision, Exemption No. 11067, Regulatory Docket

No. FAA-2014-0357, at 21-22 (Sept. 25, 2014) (“Pictorvision Grant”) (noting that night

operations may be permitted with sufficient data and collision mitigation).

VIII. FLIXELS’ ISOLATED FLIGHT AREA WILL ENSURE SEPARATION

FROM MANNED TRAFFIC AND THE SAFETY OF PERSONS ON

THE GROUND

Flixels will operate in highly controlled and restricted show areas, where Disney has

conducted large-scale shows and Fireworks Spectaculars safely for decades. This isolation is the
28

product of three important characteristics of the Flixels flight area. First, the Resorts are no-fly

zones. Second, even apart from the no-fly zones, Flixels would operate well below any manned

traffic. Third, the Flixels system includes redundant geofences that ensure Flixels multicopters

will never reach persons on the ground.

Taken together, the entire Flixels system maximizes the safety of persons on the ground

while they enjoy the show. As noted above, there will be a 100 foot perimeter between the flight

area and permitted guest areas, which includes a forty-nine foot safety margin from the

maximum trajectory of any multicopter traveling at maximum speed.

A. Airspace

The airspace where Flixels shows will occur is highly secure and safe because it is within

the Disney Resorts’ existing no-fly zones. See section VII.D above (citing NOTAM No. FDC

4/3634 (Oct. 27, 2014) and NOTAM No. FDC 4/3635 (Oct. 27, 2014)). In addition, all Flixels

flights will take place below 150 feet. This is 250 feet lower than the 400 foot maximum altitude

zone permitted for unmanned aircraft systems. See FAA, Advisory Circular ¶ 3(c) (1981).

Flixels also will operate well below the minimum altitudes allowed for “navigable airspace” by

manned traffic, including the airspace required for safe takeoffs and landings. See 14 C.F.R. §

91.119(c) (2014) (defining a minimum safe altitude as at least 500 feet); 49 U.S.C.

§ 40102(a)(32) (defining “navigable airspace”); 14 C.F.R. §1.1 (2014). As an added safety

precaution, there is a 100 foot perimeter maintained along the entire show area that separates the

flight area from the guest viewing area. See Figure 3 above.

The Flixels’ flight control mechanisms are primarily responsible for keeping the

multicopters within the designated flight area. The Flixels will follow a flight plan preprogrammed within the control system software. Further, there are onboard safety redundancies

to evaluate and correct position and altitude every three-tenths of a second. The Flixels will

remain in the visual line of sight of the Spotter at all times and the Operator can cut power or

issue an abort or return command at any time. If an ESTOP, abort, or return command is issued,

the multicopter would remain within the designated flight area or safety margin at a minimum of

forty-nine feet from any guest-permitted section of the resort. The multicopters are also

programmed to remain a minimum of four meters from one another horizontally and vertically
29

and to self-correct their positioning if the three meter barrier is breached, such as when a return

command is issued for an affected multicopter(s). Besides various checks for properly

functioning hardware and weather conditions, there are emergency measures in place if the

Flixels encounter any unsuspected gust of wind or malfunction. See section V.E of this Petition.

B. Onboard Geofence Enforcement

Geofences are virtual three dimensional areas (i.e., a polygon) that the Flixels system

monitors constantly and prevent any Flixels’ departure from the configured area. In the

horizontal direction, onboard GPS, inertial measurement, compass, and speed provide Flixels

software with the appropriate position information to evaluate, control, and prevent a Flixels

from leaving the geofence. In the vertical direction, onboard GPS, barometer, speed, and inertial

measurement provide Flixels software with the appropriate position information to evaluate,

control, and prevent a Flixels from leaving the geofence.14 In addition, the GCS can act as a

secondary evaluator that estimates and validates multicopter positioning when wireless

connectivity is available.15 Moreover, as part of the Flixels flight control design, a Flixels

position is evaluated against the position of the first geofence every three-tenths of a second. In

total, these practices are commonly used in advance UAS procedures and provide multicopter

position accuracy averaging five feet (1.5 meters) or less in all directions.

14 For these measurement procedures, the altitude is currently limited to 150 feet AGL. As such, Flixels

programming is set to restrict the height of all Flixels activity to remain under that threshold.

15 If no wireless connectivity is available, the affected Flixels immediately activate a safety response.
30

Figure 7: Geofence Dimensional Configuration

To ensure maximum safety, the Flixels system includes two geofence perimeters that

serve as barriers separating multicopters from guest-permitted viewing areas. See Figure 3 above.

Both geofences together secure the placement of guests at a minimum of 100 feet from the

Flixels flight area. The first geofence is on the outside perimeter of the flight area. If a

multicopter were to breach the first geofence, the Flixels multicopter would safely hold its

position and automatically attempt to return to the flight area. If after thirty seconds, the Flixels

multicopter does not return to its programmed location it will be commanded to abort and land in

place. The first geofence and the abort and land-in-place procedures ensure that multicopters

remain well within the safety barrier and at safe distances from guests. Moreover, if a

multicopter breaches the first geofence three times during flight performance, the Flixels system

will issue an ABORT command and the affected multicopter will land in place. A second

geofence is located twenty feet beyond the first geofence and provides ample room and response

time for multicopter self-correction with its governed horizontal velocity of six knots maximum.

If a Flixels multicopter travels beyond the second geofence, an ESTOP command will be

automatically issued and power will be cut to its motors to disable the multicopter. This will

result in the multicopter moving in a controlled descent. The theoretical horizontal distance a

multicopter will travel after ESTOP at its maximum governed velocity, bearing perpendicular to

the second geofence barrier (i.e., moving away from the show area) and at maximum governing

altitude is approximately thirty feet. Due to possible RF issues or weather related issues (e.g.,
31

unexpected high winds), an additional forty-nine feet16 is added to provide an increased safety

margin. Hence, a minimum of eighty feet will separate guest permitted areas from the second

geofence’s boundary. Thus, with all safety mechanisms in place, Flixels multicopters will not

come within forty-eight feet from any guest viewing areas.

If a multicopter travels outside the first geofence, it will trigger the following safety responses:

(A) Immediate attempts to RALLY and proceed to rally point, if RALLY is

successful, the multicopter resumes operation.

(B) If RALLY is unsuccessful within thirty seconds, the Flixels system will

issue an ABORT command to the affected multicopter.

(C) If a multicopter leaves the first geofence three times throughout its flight,

regardless of its ability to RALLY, the Flixels system will issue an ABORT

command to the affected multicopter.

(D) If a multicopter leaves the geofence by more than twenty feet (i.e., the

second geofence perimeter), the Flixels system will issue an ESTOP command

and remove motor power.

Figure 8: Geofence Safety Responses

Moreover, the RALLY, ABORT, and ESTOP automatic command functions ensure that

multicopters land well within the flight area. The Operator also has the option to override

16 Including ESTOP reaction distance of approximately one foot with a 3Hz monitor rate.
32

automation and issue the above commands at his or her will to maintain guest and personnel

safety. Because the maximum trajectory of any Flixels ensures that their flight will be restricted

to within the flight area, there is no risk to persons in the viewing area and other parts of the

Resorts. Further, given the total size of the Resorts and the Flixels’ small size and light weight,

the distance and resort buildings provide a sufficient safety barrier for non-participating persons

either within or outside of the Resorts.

The safety perimeter will be clearly marked as a restricted area and cordoned off by ropes

and cones. Resort staff will be present to monitor and ensure that guests do not enter the

restricted area. The Flixels restricted area will also be coordinated with any existing pyrotechnic

clear-zone that has been effectively used for ensuring safety during the fireworks show each

night for decades. Besides the foregoing measures, Disney already has half a century of

experience in crowd management at Disneyland® and Walt Disney World® that it will apply to

Flixels.

C. Additional Safety for Flixels Staff

There will also be safety precautions in place for all Flixels staff members, who will be

the only Disney staff allowed within twenty feet of Flixels operations. First, all Flixels staff

must wear safety glasses, a hard hat, and high visibility vests (“PPE”). All Flixels crew members

will maintain functioning radio communication and follow established communication protocols.

Whenever a multicopter is enabled and ready for launch/land, there will be a four foot wide area

around the flight area marked as a “no stand zone.” Since a Flixels launch will have minimal

horizontal velocity, the no-stand zone provides adequate space away from staff members in the

event an ESTOP is necessary for the launching Flixels. Finally, a functioning fire extinguisher

will be placed at every work station.
33

IX. WAIVER AND EXEMPTION FROM SEVERAL FAA REGULATIONS

IS IN THE PUBLIC INTEREST IN LIGHT OF THE PROPOSED

FLIXELS OPERATION AND ACCOMPANYING OPERATIONAL

AND SAFETY PLANS

A. Flixels Qualifies for Relief from Airworthiness Certification under Section

333

Flixels implicates no safety or national security concerns and therefore qualifies for an

exemption from airworthiness certification under 49 U.S.C. § 44704(d). See Pub. L. 112-95,

§ 333(b)(1)-(2).

Safety. Under Section 333, Flixels will “not create a hazard to users of the national

airspace system.” See Pub. L. 112-95, § 333(b)(1)-(2). In his analysis of the safety of a UAS

within the national system, the Secretary is to consider six factors: (1) size; (2) weight; (3)

speed; (4) operational capability; (5) proximity to airports and populated areas; and (6) operation

within visual line of sight. Id. § 333(b)(1). As explained above, the Flixels multicopters are

small (less than forty inches in diameter17), light (less than ten pounds gross weight), and slow

(six knots groundspeed). They are buttressed by redundant automated and manual control and

safety systems, and they will be flown in airspace that is both physically and electronically

isolated from other aircraft and persons or objects on the ground. Flixels will also be flown

within VLOS along pre-programmed flight paths. For these reasons, the Flixels pose no hazard

to the national airspace system.

National Security. Flixels are lightweight and will be flown at low speeds. They are

controlled by multiple redundant automated and manual systems that will prevent their deviation

from the preprogrammed course. Flixels will be used only at scheduled times each day, in a

limited area within Walt Disney World® or Disneyland®, each of which is within a no-fly zone.

Accordingly, Flixels will implicate no national security concerns.

Privacy. Flixels will be used for short durations, on a regular schedule, and in a small

designated area of Walt Disney World® or Disneyland®, where they will be visible only to

Disney guests. Flixels thus implicate no privacy concerns.

* * *

17 The multicopter is less than forty inches in diameter, however the payload’s maximum dimensions are

48x48x48. In some instances, the payload may safely enclose the multicopter without interfering with

any communications, multicopter, or system functioning.
34

For the reasons set forth above, Flixels should be exempt from airworthiness certification

under 49 U.S.C. § 44704(d) under the authority granted the FAA in Section 333. Exemption

from the regulations related to airworthiness certifications, including Part 21 – Airworthiness and

§ 91.7(a) – Airworthiness Certification, is therefore unnecessary.

B. Waiver and Exemption from Other FAA Regulations Is in the Public Interest

Section 333(c) also authorizes the Secretary, if he determines that certain UAS may

operate safely in the national airspace, to “establish requirements for the safe operation of such

aircraft systems in the national airspace system.” Disney urges the FAA to reconsider its

interpretation of the statutory grant of Section 333 as limited only to exemptions from

airworthiness certification. The congressional purpose of Section 333 will be frustrated if the

unique needs and characteristics of UAS, like Flixels, cannot be fully addressed by a narrow

construction of Section 333.

Apart from the mandate of Section 333, the FAA has independent longstanding authority

to “grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b)

of [49 U.S.C § 44701] or any of sections 44702–44716 of [title 49 of the U.S.C.] if the

Administrator finds the exemption is in the public interest.” 49 U.S.C. § 44701(f). With this

petition, Disney seeks relief not only from airworthiness certification requirements, but also from

several other regulations under the FAA’s independent exemption authority. Waiver and

exemption for Flixels from the regulations described below is in the public interest because

(1) Flixels is the type of innovative UAS whose integration into the national airspace system

Congress sought to accelerate; (2) Flixels will help inspire the public about the possibilities of

UAS technology; (3) Flixels will be a model of safe and effective deployment of a UAS; and

(4) developing civil aeronautics, including new aviation technology like Flixels, is in the public

interest. See 49 U.S.C. § 40101(d)(3). For the following reasons, the regulations discussed

below are unnecessary and inapplicable to the safe operation of Flixels because they will operate

within parameters not only equal to, but safer than, those standards provided by the rules from

which exemption is sought. See 14 C.F.R. § 11.81.
35

1. 14 C.F.R. Parts 61 and 67 (Pilot and Medical Certificates)

No person may “serve in any capacity as an airman with respect to a civil aircraft . . .

used, or intended for use, in air commerce . . . without an airman certificate authorizing the

airman to serve in the capacity for which the certificate was issued[.]” 49 U.S.C. § 44711(b).

The FAA has determined that Section 333 does not provide it any additional authority to exempt

persons from this requirement. See FAA, Public Guidance for Exemptions Filed Under Section

333, at 4 (2014). As explained above, the Congressional purpose of Section 333 will be

frustrated if the unique needs and characteristics of UAS like Flixels cannot be fully addressed

by a limited construction of Section 333.

The FAA, however, has been delegated the authority to prescribe the form, contents, and

requirements of any airman certificate it issues. See 49 U.S.C. §§ 44702-703. Under this

authority the FAA has promulgated regulations specifying the requirements for airmen

certificates and medical certificates in 14 C.F.R. parts 61 and 67. See, e.g., 14 C.F.R. §§ 61.3;

61.23; 61.113. Thus, the FAA has sufficient authority under 49 U.S.C. § 44701(f), to exempt

persons from certain “requirements” of the certification regulations, including for airmen. The

FAA has exercised this authority by granting certain exemptions from the requirements of 14

C.F.R. §§ 61.113 in certifying private pilots for commercial UAS operation. See, e.g.,

Pictorvision Grant at 15-18. In other contexts, the FAA has recognized that for certain UAS,

“[o]perations without a pilot certificate may be allowed.” See FAA Notice, Unmanned Aircraft

Systems Operational Approval, N 8900.227, at 20 (July 30, 2013) (guidance regarding evaluation

of Certificate of Waiver or Authorization (“COA”) applications).

The FAA has also proposed a new UAS “operators” certification for certain small UAS

similar to Flixels. See UAS NPRM at 185-94 (proposing rules for a new UAS “operator

certification”). This proposed certification is not directly applicable to a system like Flixels, as

the proposed rules clarify that they contemplate UAS that are operated in a free-form fashion and

that use traditional piloting controls. The rules also apply to craft that are as heavy as fifty-five

pounds, go as fast as 100 mph, and fly as high as 500 feet above the ground. UAS NPRM at 10-

11. Logically, this small UAS operator’s certification does not apply to Flixels because Flixels

multicopters are far smaller, lighter, and slower than the proposed “small UAS” rules

contemplate—and, importantly, because Flixels will fly for minutes a day along preprogrammed
36

routes with little, if any, human intervention aside from maintenance, inspection, launch, and

monitoring.

While the Flixels Operator will be monitoring the fleet of multicopters, he or she will

have far fewer—and usually no—active control responsibilities during flights. Thus, the FAA’s

general application of a one-operator-per-UAS policy is also unnecessary in this context and

would frustrate the development of innovative systems like Flixels. See also, e.g., Ars

Electronica Linz GmbH, Petition for Exemption, Regulatory Docket No. FAA-2014-1095-0001,

at 17 (filed Dec. 22, 2014) (“[T]he FAA’s policy that each pilot in command ‘control[] only one

unmanned aircraft (UA) at a time’. . . is not justified for a use case involving computer

controlled flight in a small airspace with a technological means such as geo-fencing to prevent

egress. The measures taken to separate the airspace from other aircraft and people on the ground

provide a level of safety beyond that provided by having a pilot behind the controls of each

aircraft. Given the safety provided by automated flight control and the small airspace, and the

ability of an operator to command any or all aircraft to land if necessary, the FAA should depart

from the one-PIC-per-aircraft model for this use case.”).

Accordingly, Disney seeks a partial exemption from the certification requirements of 14

C.F.R. parts 61 and 67. In place of the standing requirements under the FAA’s certification

regulations, Disney seeks a highly circumscribed certification for the Flixels Operator to act in a

position somewhat akin to a UAS “operator” or “pilot-in-command,” but under the extremely

limited conditions of the Flixels operations and safety plan, as stated in this petition, including:

 Operation of Flixels only within the specific flight area mapped in the operational

plan, under a maximum 125-foot ceiling, in restricted show zones of Walt Disney

World® and Disneyland®, within the Walt Disney World® or Disneyland® nofly zones (with a proper operational waiver in compliance with the Walt Disney

World® and Disneyland® NOTAMS);

 Operation within VLOS of the Flixels Operator and the Spotter;

 Flights authorized only with two operational geofences that provide for an

emergency ABORT and ESTOP functions that would safely terminate the flight

of any malfunctioning multicopter well within the safe zone;
37

 Flights with a typical duration of five minutes and with a maximum flying time of

ten minutes;

 Flights primarily (and almost always exclusively) controlled by autonomous

software along pre-programmed routes, subject to human control through

computer software commands only when there is a deviation from the preprogrammed route and other automated safety and control functions are

determined to be insufficient;

 Flights (other than test flights meeting all other conditions set forth above and

conducted when Walt Disney World® or Disneyland® is deserted of guests) on a

regular schedule and subject to all of the existing Disney Resort security and

safety policies, requirements, and resources;

 All Operators will have specialized training and qualifications to use the Flixels

System, including:

o Be at least seventeen years of age;

o Certify that he or she does not know or have reason to know of any

medical condition that would make him or her unable to operate the

Flixels System in a safe manner;18

o Be familiarized and validated on basic aeronautical concepts of flight,

including airspace and weather minimums for flights provided by Disney

Flixels standard operating procedures and guidelines;

o Be familiarized and validated on drone technology knowledge, including

electric battery minimums and current regulations;

o Be familiarized and validated on supervisory control features of the Flixels

System, including: Instruments Interpretation, Exploring Control, and

Progress Check, Radio Navigation, and System Operation (Pre/Post Flight

Ops); and

18 Cf. 14 C.F.R. § 61.53(b).
38

o Complete Disney derived Scenario-Based Training Course for Flixels.

A detailed description of Disney’s proposed Operator training curriculum can be found in

Section IX of the Proprietary Information Supplement.

Subject to these conditions, Disney requests that the FAA grant a specific certification for

Flixels Operators supplementing and waiving where necessary the airman and medical

certification requirements of Parts 61 and 67 under its longstanding exemption authority, 49

U.S.C. § 44701(f).

2. 14 C.F.R. Part 91 (General Operating and Flight Rules)

a. §§ 91.111; 91.113

Flixels requests exemption from sections 91.111 and 91.113 only to the extent the FAA

believes they would apply to Flixels. Section 91.111 requires that “[n]o person may operate an

aircraft so close to another aircraft as to create a collision hazard” and that “[n]o person may

operate an aircraft in formation flight except by arrangement with the pilot in command of each

aircraft in the formation.” Section 91.113 requires that “vigilance shall be maintained by each

person operating an aircraft so as to see and avoid other aircraft.”

These provisions appear inapplicable to Flixels. First, as the FAA has recognized, UAS

“inherently cannot comply” with the requirement that persons vigilantly see and avoid other

aircraft because of “the absence of an onboard pilot.” FAA Order 8900.1, vol. 16, ch. 1, § 3.

Likewise, the Flixels will fly in formation, but this coordination will be meticulously prearranged (i.e., pre-programmed) and tested. The formation itself will be carried out by an

automated system, not a set of “pilots.” If the FAA interprets these regulations as applicable to

Flixels, then Disney requests an exemption under each because the Operator and Spotter will

safely ensure that no collisions occur and because all formations will be carried out with VLOS,

using redundant remote and onboard location systems, and with automated and manual

commands.

b. § 91.119(c)

Section 91.119(c) requires that an aircraft operating over non-congested areas, like the

isolated flight area (and pyrotechnic zone) proposed for Flixels, must maintain an altitude of at
39

least 500 feet above surface except during take-off and landing. It also requires that the aircraft

may not be operated closer than 500 feet to any person or structure. Flixels will technically

operate closer than 500 feet to persons and structures and at an altitude ceiling of only 150 feet.

But Flixels will be electronically isolated from any persons or structures by a redundant

geofencing system that will ensure the Flixels multicopters, at worst, cease to function well

before the Flixels enter airspace “over” any persons or structures. Instead, the Flixels will drop

harmlessly out of the air while remaining well within a restricted zone of Walt Disney World®

or Disneyland®. Relief from § 91.119 is thus appropriate because Disney will achieve a higher

level of safety through its redundant safety systems than could be achieved merely through an

altitude or distance restriction.

c. § 91.121

Section 91.121 prescribes certain requirements for onboard barometric altimeters. Flixels

multicopters include a barometric altimeter onboard that will conform to these requirements.

Nevertheless, Flixels will primarily operate based on the established, pre-programmed flight

paths, the multicopters’ onboard logic, GPS triangulation, and a continuous telemetric data feed.

Flixels will also utilize VLOS to verify the location and altitude of the Flixels. To the extent

Flixels’ altimeter methodology and maintenance does not conform with § 91.121, Flixels is

entitled to relief because its methodology will be equally effective. See, e.g., Pictorvision Grant

at 21 (“[T]he FAA finds the petitioner’s intention to operate the UA within VLOS and at or

below 400 feet AGL, combined with the petitioner’s intention to provide altitude information to

the UAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a

ground-based on-screen display, to be a sufficient method for ensuring the UAS operations do

not adversely affect safety.”).

d. § 91.151(a)

Section 91.151 requires that flights under VFR conditions must include enough fuel to fly

to the first point of intended landing and then, assuming normal cruising speed, “[a]t night, to fly

after that for at least 45 minutes.” Given the unique characteristics and applications of UAS, the

FAA has routinely granted an exemption of this requirement for UAS, provided that flights are

terminated once battery falls to, as a minimum, twenty percent. See Clayco, Inc., Exemption No.

11109, Regulatory Docket No. FAA-2014-0507, at 8 (Dec. 10, 2014); see also, e.g., Asymmetric
40

Technologies LLC, Exemption No. 11171, Regulatory Docket No. FAA-2014-0816, at 14 (Feb.

10, 2015); Pictorvision Grant at 21. Because the Flixels multicopters will only be used for an

average of five minutes a show, but have a battery capacity of ten minutes, the Flixels will

typically only be used for fifty percent of their total battery life. Thus, the Flixels will land with

a battery capacity of fifty percent which will be more than sufficient to conduct additional flight

adjustments, when and if necessary. As a secondary safety measure, the Flixels multicopters will

be programmed to terminate flight and return to “home position” if their battery power falls to

twenty percent. Because the Flixels will be used on a regular schedule with sufficient, planned

charging time, the risk of undercharging is minimal. Accordingly, the FAA should grant Flixels

relief from the more onerous fuel requirements.

e. §§ 91.309 and 91.311

Sections 91.309 and 91.311 restrict the circumstances under which an aircraft can

engage in “towing.” In particular, Section 91.309 provides the specific circumstances in which

an aircraft may tow a glider or unpowered ultralight vehicle. Section 91.311 prohibits any civil

aircraft from towing anything, other than the specific circumstances established in section

91.309, without a certificate of waiver issued by the Administrator.

As referenced in section V.F, a lightweight show element payload will be attached to

each Flixels multicopter. The payloads will weigh a maximum of five pounds and consist of a

physical structure, such as a spherical shape, or a special effects mechanism, comprised of an

LED lighting module powered by a 9V battery and wireless signal receiver. The maximum

dimension of any payload will be 48” x 48” x 48.” All payloads will be securely attached to

each multicopter with a minimum of four permanent, eighteen pound tensile strength nylon cable

ties. Prior to the start of each show, the flight path, multicopter speed, and multicopter

maneuvers will be pre-determined so as to ensure payload attachment safety. Moreover, there is

no ability to release the payload at any time during show operations. As detailed throughout the

Petition, there is no risk to resort guests in the event of an unexpected payload detachment due to

the distance between the show and viewing areas. Similarly, Disney’s no fly zone and the low

altitude of each Flixels show ensures that a payload can have no effect on other aircraft in the

surrounding airspace.
41

Given that all Flixels payloads will be securely attached directly to each multicopter, and

that the combined payload and multicopter will move and function as one contiguous aircraft, the

towing rules do not appear to apply to the Flixels payload. Nevertheless, if the FAA considers

the relationship between the Flixels multicopter and payload to be analogous to “towing” as

contemplated by Sections 91.309 and 91.311, relief from such regulations is appropriate because

Disney has ensured the safe attachment and operation of the payload, which are small, light, and

will be isolated from guests or any other aircraft.

f. §§ 91.403(b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417

Section 91.403(b) requires all maintenance performed on an aircraft to meet certification

requirements. Section 91.405 sets out certain inspection and records requirements.

Section 91.407(a)(1) provides for certain return to service requirements for aircraft that have

undergone maintenance; section 91.409(a)(2) requires an aircraft that does not carry passengers

undergo annual inspections; and section 91.417 specifies maintenance recordkeeping

requirements. As explained in sections V.H and VI above, each Flixels fleet will have daily preand post-show inspections and will be subject to the rigorous maintenance and inspection

requirements and protocols that Disney uses for all Walt Disney World® and Disneyland®

attractions to ensure its attractions are always fully operational, of the highest quality, and safe

for all guests. Disney’s commitment to rigorous maintenance is one reason Disney Theme Parks

have an unparalleled safety record. Accordingly, exemption from the maintenance and

inspection regulations is appropriate in light of the maintenance and inspection program that

Flixels is and will be subject to as a regular component of Walt Disney World® and

Disneyland®.

X. SUMMARY FOR THE FEDERAL REGISTER

Walt Disney Parks and Resorts U.S., Inc., and Walt Disney Imagineering, the creative

force behind Disney’s iconic attractions, seek through a Petition for Waiver and Exemption from

several FAA rules, to operate Flixels, a cutting edge unmanned aircraft system at Disney Theme

Parks as part of Walt Disney World® and Disneyland’s® live entertainment. In particular,

Disney requests an exemption pursuant to Section 333 of the FAA Modernization and Reform
42

Act of 2012 and 49 U.S.C. § 44701 from several provisions of title 14 of the Code of Federal

Regulations, including part 21 and sections of parts 61, 67, and 91.

XI. CONCLUSION

Congress recognized when it enacted Section 333 that UAS open up an array of new

aviation possibilities and their acceleration in the airspace system is a matter of sound national

policy. Disney’s Flixels embodies these possibilities: it will be a safe and innovative addition to

the Disney guest experience, one that Disney hopes will inspire the public’s imagination about

what is next in aviation. To deploy Flixels responsibly, Disney has spent years researching,

developing, and testing Flixels and its many redundant safety systems to prepare for its premiere

at Walt Disney World® and Disneyland®. Through this petition, Disney asks the FAA to

consider Flixels in light of Congress’s purpose in enacting Section 333, and in the broader public

interest, and to grant the relief requested herein in light of Disney’s thorough demonstration that

Flixels will operate safely under the conditions set forth above.

Respectfully submitted,

Date: October 30, 2015 /s/ Charles A. Blanchard

Charles A. Blanchard

Counsel for Walt Disney Parks and

Resorts U.S., Inc.