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 onlythe Roman capital letter“N” andthe registration number is displayed on limited, restricted or light­sport 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,” “light­sport,” “experimental,” or “provisional,” as applicable.
The equivalent level of safety will be achieved by having the Q500 marked on its underside fuselage with the Serial Number 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 ofthe aircraft (3.5lbs.) and the limited operating area associatedwith its utilization, it is unnecessaryto gothroughthe certificate ofairworthiness process under Part 21 Subpart Hto achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe 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.
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 standardwill existforairworthiness ofthe Q500. Giventhe size ofthe 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 Q500 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) Forwhich anAirplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unlessthere is available inthe 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. 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 havefullyfunctional dual controls. Flight control is accomplished through the use of a control box that communicates with theaircraftvia radiocommunications.The FAA hasapprovedexemptionsforflighttrainingwithout 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 91.119establishessafealtitudesforoperationofcivilaircraft. 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. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions
This regulation prohibits an individualfrom beginning “aflight in an airplane underVFR 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, aswell asthe rural location ofthose proposed operations, a longertimeframeforflight 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 offuel before returning, itwould simply automaticly land at its current position at asafespeed. Finally, recognizing itsweight and construction material,the risks are less than contemplated by the current regulation.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. 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 ofthis part and shall between required inspections, except as provided in paragraph (c)ofthissection, havediscrepancies repairedas prescribed in part43ofthischapter

.

. . .” 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 Part43, or licensed pilots and records ofapproval of the aircraft for return to service.
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 familiarwith the aircraft and is bestsuitedtoensurethattheaircraft is inanairworthyconditionandtoguaranteeanequivalent level of safety.
APPENDIX B:SUMMARY OF PROFLY DRONES SECTION 333 EXEMPTION REQUEST ProFly 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).