June 28, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 CFR Part 21; 91.7 (a); 91.119; 91.121; 91.151(a);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

To whom it may concern:

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act”) and 14 C.F.R. Part 11, 

X-Flite Aerial, Inc. ("X-Flite Aerial"), professional operators of Unmanned Aircraft Systems (“UAS's”) for the purpose of 

aerial filming and photography for industrial surveys, motion pictures, short films, and commercial filming and/or 

photography, submits this exemption petition application. X-Flite Aerial seeks exemption from the aforementioned 

listed Federal Aviation Regulations (“FARS”) to permit the commercial operation of its UAS's providing that the 

operations are conducted only according to that which is provided in this petition for exemption or as may be currently 

or in the future required by the FAA as found in Section 333, or any other applicable federal regulations.

As outlined below, our request for exemption would allow the operation of small unmanned aircraft systems under 

established preset conditions in the air that are 1) narrow in scope 2) pre-determined 3) conducted in access controlled 

or unpopulated areas and 4) improve upon the safety of methods that would conventionally be used in commercial 

aerial filming or photography operations (using a manned helicopter or airplane to capture aerial footage). Approval of 

this petition for exemption will improve safety and provide an opportunity for the Secretary of Transportation (the FAA 

Administrator’s) to accomplish their goal to as outlined in Section 333(c) of the Reform Act: “...establish requirements 

for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

X-Flite Aerial LLC

President Jonathan Caccamo (Jon@x-flite.net, Tel 225-939-8467)

8154 Acadiana Ave

Denham Springs, LA 70706

Additionally, the applicant will conduct all UAS operations under the direct control or supervision of an FAA certificated 

airman. The airman's certificate numbers will be forwarded to support this petition in a confidential document via post 

if requested by the FAA. The name and address of that airman is as follows:

Pilot Name: Jonathan Caccamo

FAA Certificate held: Private Pilot

Address: 8154 Acadiana Ave Denham Springs, LA 70706

X-Flite Aerial hereby requests an exemption from the following regulations:

● 14 CFR Part 21

● 14 C.F.R. 91.7 (a)

● 14 C.F. R. 91.119

● 14 C.F.R. 91.121

● 14 CFR 91.151 (a)

● 14 CFR 91.405 (a)

● 14 CFR 407 (a) (1)

● 14 CFR 409 (a) (2)

● 14 CFR 417 (a) & (b)
The X-Flite Aerial exemption application is intended to achieve Congress’ aims in passing Section333(a) - (c) of the 

reform Act. The reform act instructs the Secretary of Transportation to give consideration to whether or not particular 

unmanned aircraft systems can successfully achieve sufficient safety measures for inclusion in the national airspace 

system (NAS). Such an exemption from the regulations will only serve as a temporary measure in anticipation of the 

fulfillment of the rule making requirement of Section 332 of the Reform Act. In consideration of the petition the 

secretary should consider which UAS's are neither a danger to participants of the NAS or the public at large or present 

the potential to threaten the national security of the United States. These factors should be considered according to the 

Reform Act § 333 (a):

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

If the Secretary decides that such vehicles “may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c). X-Flite Aerial 

believes the provisions found in section 333 of the Reform Act creates an obligation for the FAA to process applications 

for exemption and, if necessary, for the FAA to create standards for safe use if such standards proposed in this petition 

for exemption fail to meet statutory requirements for approval.

The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation Act. This statutory 

authority’s terms include an exemption for civil aircraft, as defined under §40101 of the Federal Aviation Act, and 

includes UAS's, with the intent to exempt such from the mandate that every civil aircraft be required to possess a valid 

airworthiness certificate.

If the Administrator finds the exemption request in the public interest the Administrator may grant an exemption from 

requirements of the regulations promulgated under subsections (a) or (b) or sections 44702-44716 of this title. 49 U.S.C. 

§44701(f); See 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). The Administrator may grant an exemption 

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

this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 

49 USC §44704; 14 CFR §91.203 (a) (1).

X-Flite Aerials’ UAS's are rotor-craft (multi-rotors) with a combined weight, including any necessary added film or 

photography equipment, of 55lbs or less. The UAS's are capable of moving in vertical and lateral directions 

simultaneously. The UAS's can also hover and will be restricted to speeds of no more than 45mph, limited by an 

experienced professional operator. UAS's operations will always be conducted within the line of sight of the operator 

and will be limited to the confines of a properly secured area or unpopulated/remote area. For the definition of what 

constitutes a properly secured or unpopulated/remote area please see the X-Flite Aerial Operations Safety Manual; 

attached as exhibit 1. This application for exemption strongly expresses that the structure and operations of these UAS's 

will “not create a hazard to users of the national airspace system or the public.” Reform Act 333 (b). All UAS operations 

conducted by X-Flite Aerial will be supervised or directly controlled by the experienced FAA certificated Commercial Pilot 

named earlier in this petition.

It is congress's intent that the FAA allow commercial UAS operations to begin immediately through the process of a 

granted exemption as long as the proposed operations satisfy the proper zone of safety. The limited size, intended cargo 

(filming equipment) and secure locality ensure there is zero national security threat stemming from granting approval of 

the operations of these particular UAS's. The administrator should grant this application request because it carries out 

the intent of Section 333 of the Reform Act in addition to the authority of the Federal Aviation Act. The grant is in the 

best interests of the public because it limits harmful environmental factors and enhances the safety of both the public at 

large and filming industry workers. Applicants hereby request their application for exemption be considered and 

approved as soon as it can be processed.

AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS

The applicant seeks to have this exemption cover only civil aircraft as described therein this petition and subject to the 

limitations proposed within this petition or as should be found necessary by the FAA. Commercial motion picture 
companies already safely operate conduct aerial operations using conventional manned helicopters or other manned 

civil aircraft to achieve many tasks that lighter and quieter unmanned UAS's can accomplish with an equivalent or better 

level of safety. X-Flite Aerial proposes and agrees to the following limitations and conditions for UAS operations for the 

purpose of commercial filming and photography conducted under a granted FAA exemption:

1. The total combined weight of the UAS's and attached equipment will weigh 55lbs or less.

2. At all times the pilot will operate the UAS in an unbroken visual line of sight (VLOS).

3. No flight operations will fly for more than 25 consecutive minutes without first landing and changing the batteries and 

conducting necessary safety checks.

4. Once the battery is at 25% the operator must begin return to ground procedures. The UAS's are not permitted to 

operate below 20% battery.

5. Maximum flight altitude shall not exceed 400 feet AGL.

6. A minimum 2 man crew consisting of the UAS Pilot and Visual Observer, is required to conduct operations. When a 

Camera Operator is required, the minimum crew will increase to 3.

7. The UAS's Pilot in Command (PIC) must have at least 20 documented hours operating UAS's.

8. The PIC must have the requisite knowledge pertaining to the components required to build and maintain the 

particular type of UAS's type they are operating.

9. A PIC will have a Private Pilot’s certificate.

10. A PIC will not operate an UAS within 5 miles of the center of an airport without permission from the local FSDO and 

clearance from the control tower of the airport.

11. The PIC will have at least a third class medical.

12. UAS's will only operate in a properly secured area. X-Flite Aerial pre-flight safety procedures require a secured 

perimeter as described in their Operations Safety Manual.

13. A mandatory briefing that all participating personnel (persons allowed into the filming perimeter) must attend in 

order to go over all pre-flight safety issues and procedures for the day.

14. A FAA Form 7711-1, or an equivalent, modified as needed to fit the requested exemption, will be filed with the 

relevant Flight Standards District Office.

15. A UAS may not operate unless persons within 100ft of operations have consented to being in the secured area, as 

provided in the X-Flite Aerial Operations Safety Manual. With certain enhanced safety procedures the required radius 

may be reduced as low as 30ft as described in the manual. No smaller distance radius shall be allowed without the 

express approval of the relevant FSDO.

16. The relevant FSDO shall receive a written Activities Agenda at least 3 days before a proposed filming date.

17. At all operational times the pilot and observer will be able to maintain contact through voice communication.

18. Operations shall not be conducted in locations without the consent of the property owners.

19. Any necessary required permission and/or permits from territorial, state, county or city jurisdictions, local law 

enforcement, fire department, or appropriate government agencies will be obtained accordingly.

20. In the case of emergency, loss of communications or other malfunction, the UAS's are preset to be able to return to 

a pre specified location in a safe manner. The UAS's can abort a flight in unexpected situations or other emergencies.

14 C.F.R. Part 21, Sub-part H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness certificates. The process for 

obtaining an airworthiness certificate is provided for in 14 C.F.R., Sub-part H, titled Airworthiness Certificates. The small 

size of the UAS's and limited perimeter of the secured operations area allow for an equivalent level of safety as outlined 

in Part 11 and Section 333 of the reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate 

requirement as outlined in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. An 

exemption may be permitted after consideration of the size, weight, speed, operational capability, distance from 

airports and number of persons near the areas of operation. A careful consideration of these factors makes it clear that 

UAS's, lacking an airworthiness certificate, but, implementing the proposed conditions and restrictions, can operate just 

as safe if not safer than conventional aircraft with an airworthiness certificate.

The UAS's weigh less than 55 lbs with a full payload and cannot carry a pilot or passengers. The UAS's do not carry 

petroleum based fuel or any other explosive or flammable liquids, and will only be operated within the secured zone as 

provided for in the X-Flite Aerial' safety manual. The petition for exemption will only allow for highly controlled and 

closely observed operations as described in the X-Flite Aerial' safety manual. The FAA will be informed in advance of the 
operations area and all local laws will be followed and abided by. X-Flite Aerial' UAS operations without an 

airworthiness certificate will be safer than any conventional aircraft operating with an airworthiness certificate because 

of the operational limitations and procedures provided for in this petition that are inapplicable to the latter. The UAS's 

safety requirements are similar to requirements used in the media production industry for civilian aircraft and 

furthermore, all operations will be conducted under the direct supervision or control of an FAA certificated and highly 

experienced Commercial Pilot. The UAS's operations do not pose a threat to the national security of the United States, 

or any locality found within or without the United States. The purpose of the operations of the UAS's is to create footage 

and capture images for the film and media production industry and are not intended in any way for hostile acts. The 

size, speed, area of operations, absence of flammable gasoline or other combustible liquids and limitations on payload 

weight present no credible threat to the United States of America.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

A grant of exemption from 91.7 is needed because there will be no airworthiness certificate. The airworthy conditions 

will be determined according to the X-Flite Aerial' safety manual. The pre flight safety procedures found in the X-Flite 

Aerial' manual provides for an equivalent or higher level of safety. The PIC will be responsible for making sure the 

aircraft is airworthy before each flight.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for exemption asks for the 

submitted UAS's to be permitted to operate at altitudes up to 400 feet AGL. All operations will occur in a pre secured 

area and all persons/property present will have given their informed consent. The location, size, weight and speed of the 

UAS's provide for an equivalent or greater level of safety. Conventional aircraft flying below 500 AGL present a much 

larger risk to persons and property than small UAS's operating at the same altitude. Risks to conventional aircraft that 

are not applicable to UAS's include combustible fuel and large payloads as well as injury/loss of life of aircrew. The low 

operating altitude will create a buffer between UAS's operating below 400 feet AGL and conventional aircraft operating 

above 500 AGL as required by Section 91.119. Section 91.119(c) provides that no aircraft shall operate within 500 AGL 

of any “person, vessel, vehicle or structure”. Due to the nature of the UAS's operations in commercial filming and 

photography, we request filming operations be permitted from much closer distances. Filming will take place in 

accordance with pre flight safety procedures. The operations manual provides that all persons within 100ft must give 

their consent to be present and that such permission may be reduced to 30ft with enhanced safety procedures in place 

in addition to the mandatory safety briefing involving all persons including the PIC. Filming with UAS's instead of 

manned helicopters provides an increased level of safety to the public and the crew working on the ground.

14 C.F.R. §91.121 Altimeter Settings

91.121 contains language requiring an aircraft to maintain an altimeter. The UAS's do not have a traditional barometric 

altimeter and therefore an exemption may be needed. The UAS's are, however, able to provide an equivalent level of 

safety through use of GPS based altitude reporting equipment. The GPS component installed on the UAS uses a 

communications telemetry data link to send real time altitude information to the PIC to effectively monitor safety and 

the flight path. Methods include GPS triangulation, digitally encoded barometric altimeter, radio altimeter or any 

combination. The GPS on the UAS transmits the appropriate data digitally to a ground readout which is visible to the PIC 

at all times PIC. Additionally, the PIC can and will set up the UAS's to provide automatic electronic altitude limits that 

will not allow any UAS to be flown above 400 feet AGL.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) disallows aircraft from flying without first having at least 30 minutes of fuel beyond their time to take 

off and land under normal conditions if its during the day and 45 minutes for night flights. Since the UAS's can only 

operate for a maximum of 30-45mins before landing and replacing their batteries, an exemption may be needed. 

Allowing UAS operations until battery life has reached 20% of its full strength will ensure an equivalent level of safety 

compared to conventional aircraft operations with 30 minutes extra fuel. The UAS is set to automatically return to a pre 

determined, GPS directed landing spot in the case of emergency and this can be accomplished very quickly. 

Conventional aircraft have much less flexibility for landing than a small lightweight UAS.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations are for conventional aircraft with an airworthiness certificate and are therefore incompatible with the 

operations of an UAS. X-Flite Aerial' UAS operators are the best suited people to perform maintenance on the UAS's. 

This is because they have specialized knowledge regarding the components that a typical aviation inspector would lack. 

X-Flite Aerial' operators have experience in building UAS's from scratch and will use this knowledge to maintain the 

production models mentioned in this petition. The size, payload, location restrictions and height limits allow for an 

equivalent level of safety. Maintenance shall be performed on a daily basis as required and a log of all maintenance 

activities kept for each different model in separate logbooks.

************************************

In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal Register, should it be 

determined that publication is warranted:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, sub-part H; 91.7 (a); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 

91.417 (a) & (b) to operate for commercial purposes small unmanned aerial systems (weighing less than 55lbs) for aerial 

filming and photography for industrial inspections, surveying, films, motion pictures, and commercial filming. Approval 

for this section 333 exemption will increase public safety and reduce the risk to personnel and property and property on 

the ground. Currently, most aerial filming is done using manned airplanes and helicopters. These aircraft weigh 

thousands of pounds and require the use of combustible liquids (fuel) in order to operate. They also require aircrew 

members on board. In comparison, an Unmanned Aerial System can accomplish the same low level aerial 

filming/photography operations with an equivalent or better level of safety because they are lightweight, battery 

operated, and not equipped to carry persons into the National Airspace System.

The exemption should be granted to allow the commercial operation of X-Flite Aerial UAS's under the strict conditions 

outlined above. The UAS's are much slower than conventional aircraft and will be operated in a pre secured area, 

therefore, providing an equivalent or greater level of safety. The UAS's pose a reduced risk to ground crew, and other 

persons/property on the ground when compared to conventional aircraft operating near persons and/or property.

Permission from property owners will be obtained prior to filming. UAV operations may not proceed unless persons 

proximate to the filming have been consented and are fully aware of the planned flight operations.

The UAS's size, weight, speed, operating capabilities and proximity to airports and populated areas all satisfy Section333 

of the reform act. All operations occur within the visual line of sight of the operator and pose no threat to national 

security. X-Flite Aerial' kindly requests consideration to receive a Section 333 exemption grant to allow the commercial 

operation of X-Flite Aerial UAS's in the commercial filming and photography industry in accordance with the conditions 

required, or as may be required, and in accordance with the rules and procedures found in the attached safety manual.

Sincerely,

 Jonathan Caccamo 

Jonathan Caccamo

President, X-Flite Aerial LLC

Private Pilot

The following exhibits have been submitted to supplement this petition: X-Flite Aerial Operations Safety Manual, X-Flite Aerial' UAS 

Models/Specifications list, UAS operating manuals for all models.