April 7, 2015  

   

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, ProFly Drones (Unmanned Aerial Video), the operator of the

Q500 Typhoon Unmanned Aircraft System (“UAS”), seeks an exemption from the Federal 

Aviation Regulations (“FARs”) listed below.

The requested exemption would permit ProFly Drones to operate their Q500, which weighs 

under 3.5 lbs and produced by Yuneec, for commercial precision aerial surveys:

 Farm land with Terra 3D mapping

 Thermal mapping to aid in water conservation and use

 Agricultural mapping aiding in fertilizer growth patterns

 Search and Rescue

 Real estate

With the landowner’s permission, the Q500 uses an onboard camera to capture high quality 

digital images of the surveyed area. Use of the Q500 for aerial surveys reduces the need to 

operate conventional aircraft for the same purpose and provides very high quality imagery at a 

fraction of the cost. These savings result in enhanced efficiency and productivity for the affected 

activities, as well as environmental benefits.

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

to ensure at least an equivalent level of safety to currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations 

of aerial surveys using the Q500, which at 3.5 lbs, is small in size. The Q500 will be operated 

under controlled conditions: 

 Operated by an individual who possess a current Commercial Pilot License 

 Low altitude of less than 400 AGL in airspace that is limited in scope 

 It will have automated control features, as described below 

 ProFly Drones will be offering their surveys as a service

 The airspace in which the UAS will operate will be logged for FAA inspection
ProFly Drones respectfully submits that because this small, unmanned aerial vehicle will be 

used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary 

conventional aircraft, the FAA can have confidence that the operations will achieve at least an 

equivalent level or greater level of safety. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities 

under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such 

aircraft systems in the national airspace system.”

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

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in

the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

ProFly Drones submits that grant of this exemption application for use of the Q500 in precision 

aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to 

accelerate the introduction of UAS’s into the national airspace system (“NAS”) if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether 

certain UASs may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary is required to 

determine which types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

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

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

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

Reform Act § 333(a)(1). If the Secretary determines 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). 

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

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 
certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service:

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

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

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to UAS’s for aerial survey photography. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay as these are services 

desperately needed in the California area due to drought issues.

Grant of the exemption to ProFly Drones will be subject to the following mandatory conditions, 

which are based upon operating conditions set forth for operation of UAS by public entities 

pursuant to Certificates of Authorization, with additional restrictions:

 All operations to occur in Class G airspace

 Operations to avoid congested or populated areas, which are depicted in yellow on VFR 

charts

 Operations to be conducted over private or controlled-access property

 Permission from land owner/controller required before commencing any flight

 Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

 Aircraft to remain within Visual Line of Sight (VLOS)

o VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical 

miles (NM)

o Cylinder walls may be expanded by additional observer’s 

 Operations to occur during daylight hours

 Above Ground Level (AGL) altitude to be restricted to 400 feet

 All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline 

azimuth of runway centerline measured from runway thresholds

 All required permissions and permits will be obtained from territorial, state, county or city 

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

agencies

Operator Requirements

ProFly Drones respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. Certain UASs, such as the ProFly Drones Q500, are 

characterized by a high degree of pre-programmed control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth 

above.

The Q500 has a semi-autonomous navigation and control system comprised of a Ground 

Control Station (GCS), GPS stabilization and auto-pilot system. In the case of unplanned 

events, the operator can allow the aircraft to follow the pre-programmed evasive maneuvers 

from the control unit or enable assisted steering for direct control. Pre-programmed maneuvers 

include initiation of holding at present position; suspension of mission; fly back to launch point; 
fly to point and hold; abort mission and land; and emergency power cut off and land (Flight 

Termination System).

Additional automated safety functions and safety enhancing features of the Q500 include the 

following:

 Detection of lost GPS for 2 seconds will initiate a right hand orbit, allowing the operator 

time to enter “Altitude” control mode. After 20 seconds, if the operator elects to do 

nothing, the aircraft will begin an auto land.

 If the auto-pilot detects a lost-link to the GCS for longer than 5 seconds, the aircraft will 

orbit return to the designated “HOME” point, land and shut down. 

 Low power on the aircraft triggers an alarm on GCS at 12% (15 minutes left)

 On-board failsafe limits aircraft descent speed to a maximum of approximately 5 m/s

 The aircraft, weighing less than 3.5 lbs, fully loaded, is constructed of high impact 

plastic or similar material which is intended to absorb impact energy.

 The motor is driven by a pulse width modulated signal, not an analog signal.

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A 

to allow commercial operations of a small unmanned vehicle conducting precision aerial 

surveys.

Approval of the exemption allowing commercial operations of the Q500 for precision survey 

work will enhance safety by reducing risk. Conventional aerial survey operations, using jet or 

piston-powered aircraft present risks associated with vehicles that weigh in the neighborhood 

of 5,000 to 7,000 lbs, carry large quantities of fuel, passengers, and, in some cases, cargo. 

Such aircraft must fly to and from the survey location. In contrast, a Q500 weighing less than 

3.5 lbs and powered by batteries eliminates a portion of that risk given the reduced mass and 

lack of combustible fuel carried on board. The Q500 is carried to the survey location, not flown 

there. The Q500 will carry no passengers or crew and, therefore, will not expose any 

individuals to the risks associated with manned aircraft flights.

The operation of the Q500, weighing less than 3.5 lbs, for precision surveys in accordance with 

the strict conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting ProFly Drones from the 

requirements of Part 21.

The Q500’s satisfaction of the criteria set forth in Section 333 of the Reform Act—size, weight, 

speed, operating capabilities, lack of proximity to airports and populated areas, operation 

within visual line of sight, and national security—and its showing of an equivalent level of 

safety as it may relate to the requirement for a pilot’s license, provide more than adequate 

justification for the grant of the requested exemptions allowing commercial operation of the 

Q500 in the commercial precision video business.

Very truly yours, Pilots

Daniel J. Austin Timothy Nelson CFI # 3189381

Chief Executive Officer at ProFly Drones Daniel J. Austin CFI # 27223122
6609 Brook Ct. 

Fair Oaks, CA 95628

916-705-9897