1 | Page APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

EvoImagery requests an exemption from the fo llowing regulations as well as any additional regulations that may technically apply to the operation of its sUAS’s:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, es tablishes the procedural requirements for the

issuance of airworthiness certif icates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of sa fety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§4 4701 (f)) and Section 333

of the Reform Act both authorize the FAA to ex empt aircraft from the requirement for an airworthiness certificate, upon consideration of th e size, weight, speed, operational capability, and proximity to airports and populated areas of the pa rticular UAS. In all cases, an analysis of these

criteria demonstrates that the UAS operated without an airworthines s certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) ope rating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive mate rials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil airc raft, operations under th is exemption will be tightly controlled and mon itored by both the operator and under the requirements and in compliance with local public safety requirement s. The FAA will have advance notice of all operations. These safety enhancements provide a grea ter degree of safety to the public and property owners than conventional operati ons conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteriademonstrates th at there is no credible threat to national security posed by the UA S, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

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-s port category aircraft or experimental or provisionally certificated aircraft, the opera tor 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.2 | Page The sUASs have no entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be placed. Given the size of th e UAV, two-in ch lettering will be impossible. The word “Experimental” will be placed on the fo rward fuselage in compliance with § 45.29(f).

The equivalent level of safety will be achieved by having the sUASs marked on their fuselages as required by § 45.29(f) where the pilot, observer, and others working with the UAV will see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113(a) & (b): Private Pilo t Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of cu rrent operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remote ly controlled by a ground-based operator. The operational area is controlled and restricted, and all flights are planned and coordinated in advance. The level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The ri sks associated with the use of a UAS are so

diminished from the level of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b)

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. As there will be no airwor thiness certificate issued for the aircraft, should this should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements cont ained in the FOPM for maintenance and use of safety check lists prior to each flight, an e quivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: No person may opera te a U.S.-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of th is chapter, unless there is available in the aircraft a current approved ai rplane or Rotorcraft F light Manual, approved manual material, markings, and placards, or any co mbination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but becau se there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying th e UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action3 | Page Section 91.103 requires each pilot to pref light an aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will no t be used, an exemption is requested. However, an equivalent level of safety will be provided. The PIC will take all actions, including reviewing weather, flight battery requireme nts, landing and takeoff distances, and aircraft performance data before commencement of flight.

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

Section 91.109 provides that no pers on may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless th at aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a cont rol box that communicates with the aircraft via radio communications. The FAA has approved exem ptions for flight training without fully

functional dual controls for a number of aircraft and for flight instru ction in experime ntal aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe al titudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than conges ted 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.

Because EvoImagery requests authority to operate at altitudes only up to 400 AGL an exemption is needed to allow such operations. The UAS will ne ver operate higher than 400 AGL. It will also be operated in a restricted area with in a security perimeter, where buildings and people will not be exposed to operations without their pre- obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed, and material with which the EvoImagery sUASs are built. Also, no flig ht 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 fa r more than 12 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 fe et AGL. Indeed, the low-altitude operations of the UAS will maintain separation between thes e small-UAS operations and the operations of

conventional aircraft that must comply with Section 91.119.

14 CFR 91.121 Altimeter settings.

This regulation requires each person operating an airc raft to maintain cruising altitude by reference

to an altimeter that is set " ... to the elevation of the departure ai rport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an ex emption may be needed. An equiva lent level of safety will be4 | Page achieved by the operator, pursuant to the Manual a nd Safety Check list, confirming the altitude of

the launch site shown on the GPS a ltitude indicator before flight.

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

This regulation provides:

(a) No person may begin a flight in an airp lane under VFR conditi ons 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. (b) No person may begin a flight in a rotorc raft 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, to fly after that for at least 20

minutes.

The batteries powering the sUASs provide approximately 15 minutes (3DR X8), 15 minutes (3DR Y6) and 40 minutes (3DR Aero) of powered flig ht. Without an exemption from § 14 CFR 91.151, the limitations proposed would prohibit their u tility. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermi ned area, a longer time frame for flight in daylight or tw ilight VFR conditi ons is reasonable. Furthermore, in the unlikely

event that the sUAS should run ou t of battery before returning, it would simply auto land at its current position at a safe speed. Safety will be en sured as all 3DR UAS platforms provide audible and visual warnings to the PIC when the UAS experiences low ba ttery voltage, the first warning occurring at approximately 33% remaining ba ttery power, and again at approximately 10% remaining battery power. At the critically low battery level, sUAS’s will descend and land automatically within the safety perimeter. Fi nally, recognizing its weight and construction material, the risks are less than contemplated by the current regulation.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and property owners or official representatives who have si gned waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small s UASs. EvoImagery believes that an equivalent level of safety can be achieved by limiting multirotor flights to 12 minutes or 20% of battery power and by limiting fixed wing flights to 32 minutes or 20% of battery— whichever happens first . This

restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.

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

This regulation provides as follows:5 | Page (a) . . . no person may operate a civil ai rcraft unless it has . . . an appropriate and

current airworthiness certificate. (b) No person may operate a civil airc raft 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 co ckpit entrance so that it is legible to

passengers or crew.

EvoImagery’s sUASs fully loaded weigh no more th an 10 lbs. As such, ther e is no ability or place to carry certification and registration documents or to display them on the sUASs. In addition, there is no pilot on boa rd the aircraft.

An equivalent level of safety will be achieve d 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.

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

These regulations require 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...,” and others shall inspect or maintain th e aircraft in compliance with Part 43.

Maintenance will be accomplished by the operato r pursuant to the flight manual and operating handbook. An equivalent level of safety will be ach ieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If

mechanical issues arise the UAS can land immedi ately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieve d because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, the operator will ensure that the UAS is in working or der prior to initiating f light and perform required

maintenance needed.