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APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

EvoImagery requests an exemption from the following 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, establishes the procedural requirements for the 

issuance of airworthiness certificates 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 safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis of these 

criteria demonstrates that the UAS operated without an airworthiness 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) operating 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 materials or flammable liquid fuels, and operates exclusively within 

a secured and designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, 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-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. 
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The sUASs have no entrance to the cabin, cockpit, or pilot station on which the word 

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

The word “Experimental” will be placed on the forward 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 Pilot 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 current 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 remotely 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 risks 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 airworthiness 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 contained in the FOPM for maintenance and use of 

safety check lists prior to each flight, an equivalent 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 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. 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 because 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 the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action 
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Section 91.103 requires each pilot to preflight an aircraft before flight to insure the safety of flight. 

As FAA approved rotorcraft flight manuals will not 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 requirements, 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 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. UAS 

and remotely piloted aircraft, by their design do 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. 

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 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. 

Because EvoImagery requests authority to operate at altitudes only up to 400 AGL an exemption is 

needed to allow such operations. The UAS will never operate higher than 400 AGL. It will also be 

operated in a restricted area within 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 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 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 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 CFR 91.121 Altimeter settings. 

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

to an altimeter that is set " ... to the elevation of the departure airport 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 exemption may be needed. An equivalent level of safety will be 
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achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of 

the launch site shown on the GPS altitude 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 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. 

(b) No person may begin a flight in a rotorcraft 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 flight. Without an exemption from § 14 CFR 91.151, 

the limitations proposed would prohibit their utility. Given the limitations on the UAS’s proposed 

flight area and the location of its proposed operations within a predetermined area, a longer time 

frame for flight in daylight or twilight VFR conditions is reasonable. Furthermore, in the unlikely 

event that the sUAS should run out of battery before returning, it would simply auto land at its 

current position at a safe speed. Safety will be ensured as all 3DR UAS platforms provide audible 

and visual warnings to the PIC when the UAS experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery 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. Finally, 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 signed 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 sUASs. 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: 
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(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. 

EvoImagery’s sUASs fully loaded weigh no more than 10 lbs. As such, there 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 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. 

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 the aircraft in compliance with Part 43. 

Maintenance will be accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved 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 immediately 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 achieved 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 order prior to initiating flight and perform required 

maintenance needed.