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 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 of the aircraft (3.5lbs.) 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.

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 

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)  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.

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.

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 automaticly 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.
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 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.

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.

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).