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 safe ty 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 f eatures, 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 inspectionProFly Drones respectfully submits that becaus e 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 t hat 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 exempt ion 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 F AA 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 airworthinesscertificate 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 exem ption 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 pr ivate or controlled-access property  Permission from land owner/controller required before commencing any flight  Operations to occur during Visual Fli ght 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 m easured 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 commercia l operations of the Q500 for precision survey work will enhance safety by reducing risk. Convent ional 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 cr ew 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 # 272231226609 Brook Ct.

Fair Oaks, CA 95628

916-705-9897