Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012, Public Law 112-95 

FEB 13, 2012, Section 333. 

Dear Sir or Madam: 

Pursuant to the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C'.F.R. Part 11, Prox 

Dynamics USA is requesting an exemption from the listed Federal Aviation Regulations (PARs) to allow 

commercial operations of small unmanned aerial system (SUAS). 

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As described more fully below, the requested exemption would permit the operation of small, unmanned 

SUAS under controlled conditions in airspace that is 1) limited 2) predetermined and ,3) controlled. The 

proposed exemption, if granted, would allow Prox Dynamics to conduct commercial qperations of small 

unmanned aircraft systems ("UAS") meeting or exceeding all of the operational and s~fety requirements 

Congress has set forth in Section 333 of the Reform Act. · 

The exemption would permit commercial operations by Prox Dynamics for its PD-1 OO~lack Hornet, PD200 Black Hornet US to conduct SUAS aerial data collection, product testing, flight aining, education, 

marketing, and demonstration flights. All of these activities include aerial photography a d/or videography. 

The operations by Prox Dynamics will meet strict operating requirements and conditi ns to maintain an 

equivalent level of safety to currently allowed operations by other aircraft under Sectio 333. 

Introduction and Interests of the Petitioner 

Prox Dynamics, Inc. (herein after referred to as "Prox") is the world's largest Nano Unmanned Aerial 

Systems (NUAS) Company. Prox Dynamics today is uniquely set up to meet the rapi y increasing need 

for small "Cargo Pocket" sized flying soldier sensors for the US Army and militaries aro nd the world. The 

PD-100 Black Hornet nano-UAS offered to customers comprises a sub-0.705 ounce (2, grams) helicopter 

equipped with a digital data link, sophisticated autopilot, GPS navigation and cam as to provide the 

operator with live motion images and high-resolution still images. The air vehicle is onl 5 inches in length, 

and has a range of approximately one mile. 

Contact Information: 

Arne Slg aerpe 

Prox Dynamics Inc. 

480 1A Eisenhower Ave 

Alexandria, VA 22314 

(813) 300-6249 

arne.skjaerpe@proxdvnamics.com 

Commercial Operations 

Exemption is requested for commercial operations for product testing; flight training pf Prox employees 

and potential customers; education; marketing to military and civilian personnel; and de\monstration flights 
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Regulations from which the exemption is requested: 

14 CFR part 21, subpart H 

14 CFR 45.29(£)/45.23 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.109 

14 CFR 91.119 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b) 

Description of UAS and Equivalent Level of Safety 

Prox is seeking exemption for the PD-1 00 Black Hornet 2 (US). The specifications of the Black Hornet are as follows: 

• Rotor span 120 mm 

• Mass 18 g including cameras 

• Maximum speed 5 rnls 

• Endurance up to 25 minutes 

• GPS navigation or visual navigation through video 

• Autopilot with autonomous and directed modes 

• Hover & Stare, preplanned routes 

• Steerable EO cameras (pan/yaw and tilt) 

• Live video and snapshot images 

These UAS will be safely operated in the National Airspace System (NAS) by maintaining line of sight visual contact, flown only during daylight, and less than 400ft. above the ground. An additional importffilt safety feature of the system is the extreme low weight and impact energy of the drone, which in itself projects minimal risk to other aircraft or persons on the ground. All flights will be preplanned and owner approval will be obtained for flights over personal property. Operations over or close to non-participating persons will not be performed. 

Other safety features on the Black Hornet include return to home functionality when GPS is available and failsafe technology that return the aircraft to the takeoff point if batteries run low. Prox has also attached an Operator's Manual1 and Standard Operating Procedures (SOP) to this petition to give further detail on the 

1 Prox Dynamics submits the Operator's Manual as Confidential documents under 14 CFR § 11.35(b), the entire content of the manual contains confidential cmmnercial and proprietary information that Prox has not and will not 
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maintenance will be performed pursuant to Prox's established guidelines. All flights will be performed outside controlled airspace and outside uncontrolled airfields. The area in which the drone will be flown 

will be checked for power lines, antennas, and other obstructions. The weather conditions will be monitored 

throughout the flight. Wind conditions will be reviewed and the UAS will only be flown in daylight during visual flight rules meteorological conditions. 

Regulations from which an exemption is requested 

14 CFR part 21, subpart H 

An exemption is requested from applying for an airworthiness certificate. Based on the size, speed, weight, and limited operating area of the UAS to be used, an exemption meets the requirements of an equivalent level of safety under 14 CFR part 11 and Section 333 of the FAA Modernization and Reform Act of 2012 

(PL 112-95). The UAS will be operating in an area and under conditions that would be at least as safe as a 

conventional aircraft. 

14 CFR 45.29(£)/45.23 

An exemption is requested from displaying the aircraft "N" number on the aircraft and from displaying the words "limited", "restricted", "light-sport", "experimental", or "provisional" as applicable. There is no 

entrance into a UAS and the aircraft is not large enough to display letters two inches tall. The equivalent level of safety will be provided by marking "Experimental" on the UAS casing where the pilot or other observers will see the identification. 

14 CFR 61.113 (a) & (b)- Private Pilot 

An exemption is requested from holding a private pilot certificate and the requirements for compensation 

or hire. An equivalent level of safety is met because UAS do not carry passengers, property, or pilots. The risk is far less than that of commercial activities of a private or commercial pilot. We feel we meet the intent 

of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 (a)- Civil Aircraft Airworthiness 

As no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. 

14 CFR 91.9 (b) (2) - Civil Aircraft Flight Manual, Marking, and Placard Requirements An exemption is requested from carrying a current and approved Flight Manual, markings and placards. The UAS is not large enough to carry any of these items. An equivalent level of safety will be maintained by keeping the flight manual at the launch site where the pilot will have access to it. 

14 CFR 91.109 - Flight Instruction 

An exemption is requested from operating a civil aircraft for flight instruction unless that aircraft has dual 

controls. The UAS is remotely piloted and control is established through the transmitter. Because there is 

share with others. This manuals contain system infonnation and capabilities that are not available to the public and 

are protected from release under the Freedom oflnfonnation Act, 5 USC§ 552 (b) (4). 
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14 CFR 91.121 - Altimeter Setting An exemption is requested from operating by reference to an altimeter set to the departure elevation. An equivalent level of safety is met by using an Above Ground Level measurement that is displayed on the aircraft transmitter held by the pilot. 

14 CPR 91.151 (a)- Fuel Requirements for VFR Conditions 

An exemption from the requirement to operate an aircraft with 30 minutes of fuel reserve is requested. The battery power of the UAS is approximately 25 minutes in duration. An equivalent level of safety is met by the transmitter display. A digital readout of the battery percentage is available. The max flight time for the UAS will be limited to maintain a reserve of 25% battery power. In addition, an automatic return to home function is 1nvoked if the drone senses a low power condition. 

14 CFR 91.203 (a) & (b)- Civil Aircraft: Certifications 

An exemption is requested from carrying an airworthiness certificate that is displayed and legible. The UAS is not large enough to carry additional items. An equivalent level of safety will be met by storing any registration documents at the aircraft launch point with the pilot. 

14 CFR 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) & (b)- Maintenance Inspections An exemption is requested from having the UAS inspected as prescribed in subpart E. These inspections only apply to aircraft carrying an airworthiness certificate. Maintenance will be done according to the operator's manual and Prox manufacturing recommendations. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

Public Interest 

Prox Dynamics will be using UAS in applications to better test and demonstrate its product to US military forces and other Government Organizations as well as hone its product to be of better value to those who protect our nation. Granting the exemption will serve the public interest. Congress has established a national policy that favors early integration of UASs into the NAS in controlled, safe working environments such as those proposed in this Petition. In addition, the public also has an interest in reducing the hazaras associated with alternate methods of conducting similar operations. 

In order to protect privacy, Prox Dynamics will not operate the drone over time in areas where privacy may be a legal or emotional issue. All videography and photography is recorded on the ground element only, and will be securely stored after each mission. No imagery information is stored on the drone at any time. 

Conclusion 

Prox Dynamics is requesting an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operations of its PD-1 00 Black Hornet system. The Black Hornet is an extremely small UAS that, by virtue of its size and mass, project minimal risk to other aircraft and persons on the ground. With