APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

ProFly Drones requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Q500:

14 C.F.R. § 45.23(b): Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.

The Q500 has no entrance to the cabin, cockpit, or pilot station on which the word “provisional” 

can be placed. Given the size of the UAV, two-inch lettering will be impossible. The “Serial 

Number” will be placed on the forward fuselage as large as the fuselage will allow in compliance 

with § 45.29(f).

The equivalent level of safety will be achieved by having the Q500 marked on its underside 

fuselage as required by § 45.29(f) where the pilot, observer, and others working with the UAV will 

see the identification of the UAS. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

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

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the 

aircraft (9.5lbs.) and the limited operating area associated with its utilization, it is unnecessary to 

go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed 

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Q500 operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Q500 

weighs less than 3.5 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions 

set forth herein. Operations under this exemption will be tightly controlled and monitored by both 

the operator, pursuant to the conditions set forth above, and by local public safety requirements. 

Receipt of the prior permission of the land owner, the size of the aircraft, the lack of flammable 

fuel, and the fact that the aircraft is carried to the location and not flown there all establish the 

equivalent level of safety. The Q500 construction with absorbent material provides at least an 
equivalent level of safety to that of such operations being conducted with conventional aircraft that 

would be orders-of-magnitude larger and would be carrying passengers, cargo, and flammable 

fuel.

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the Q500 without an 

airworthiness certificate, no standard will exist for airworthiness of the Q500. Given the size of the 

aircraft and the requirements that have already been met with the aircraft’s COA approval and 

military history, an equivalent level of safety will be achieved by ensuring compliance with the 

ProFly Drones manuals prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Given the size and configuration of the Q500, it has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual (see Attachment 1) at 

the ground control point where the pilot flying the UAS will have immediate access to it. The FAA 

has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. The Q500 is a remotely piloted aircraft and by design, does not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos. 5778K & 9862A. 

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the Q500 will never operate at higher than 400 feet AGL. It will, however, be 

operated to avoid congested or populated areas that are depicted in yellow on VFR sectional 

charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.
The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Q500 is built. Also, no flight will be taken without the permission of the land owner or 

those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the survey flights. Compared to aerial survey operations conducted 

with aircraft or rotorcraft weighing far more than 9.5 lbs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.

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

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed – (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The Q500 batteries provide approximately 25 minutes of powered flight. Without an exemption 

from § 14 CFR 91.151, the limitations proposed would greatly reduce its utility. Given the type of 

operation, as well as the rural location of those proposed operations, a longer time frame for flight 

in daylight VFR conditions is reasonable. Additionally, given the proposed VLOS restriction, the 

aircraft would always be well within 5 minutes of its landing position. Furthermore, in the unlikely 

event that the Q500 should run out of fuel before returning, it would simply automatically land at 

its current position at a safe speed. Finally, recognizing its weight and construction material, the 

risks are less than contemplated by the current regulation.

Pro Fly Drones believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope 

of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size 

and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. 

Pro Fly Drones believes that an equivalent level of safety can be achieved by maintaining 10 

minutes of reserve fuel, which would be more than adequate to return the UAS to its planned 

landing zone from anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate 

and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The Q500 fully loaded weighs no more than 3.5 lbs. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. In addition, there is no 

pilot on board the aircraft.
An equivalent level of safety will be achieved by keeping these documents at the ground control 

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

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . 

. . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) 

requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) 

requires the owner or operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service.

Maintenance of the Q500 components outlined in the manual (see Attachment 1) will be 

accomplished by a trained and certified Pro Fly Drones technician. An equivalent level of safety 

will be achieved because the UAS is small in size, will carry no external payload, will operate only 

in restricted predetermined areas and is not a complex mechanical device. As provided in the 

Q500 Checklist (Attachment 1), the operator of Q500 will also ensure that the UAS is in working 

order prior to initiating flight, and keep a log of any maintenance that is performed on the aircraft. 

Moreover, the operator is the person most familiar with the aircraft and is best suited to ensure 

that the aircraft is in an airworthy condition and to guarantee an equivalent level of safety.

Pro Fly Drones will be putting our Q500 aircraft through a routine, but rigorous, inspection of the 

airframe and components every 50 flights. Likewise, we will replace the servos, motor, and speed 

controller every 300 flights. This will ensure an equivalent level of safety to the maintenance 

requirements in Part 91. 

APPENDIX B: SUMMARY OF PROFLY DRONES SECTION 333 EXEMPTION REQUEST

Pro Fly Drones hereby provides pursuant to Part 11 a summary of its exemption 

application to allow commercial operation of the Q500 unmanned aircraft in precision aerial 

survey work. An exemption is requested from the following regulations:

14 C.F.R. Part 21;

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

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

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).