# sporty's

academy, inc. 0

Clermont County/Sporty's Airport • 2001 Spor(ys Drive • Batavia, Ohio 45103-9747

December 11, 2015

Docket Operations, M-30 U. S. Department of Transportation 12oo New Jersey Avenue, SE., Room W12-140 West Building Ground Floor Washington, DC 20590-0001 Re: Petition for Exemption Requesting Relief pursuant to Section 333of the FAA Modernization and Reform Act of 2012
Dear Sir or Madam: Sporty's Academy, Inc. (Petitioner) hereby requests relief from the following provisions of Title 14 of the Code of Federal Regulations (CFR): §§9i.7(a), 91.9(a), 91.121, 9 1 • 1 5 1 (b), 9 1 •4 0 5(a), 9 1 •4 0 7(a)( 1 )> 9 1 •4o9(a)( 1 ) and (a)(2), and 91.417(a) and (b), and in accordance with provisions of Section 333of FAA Modernization and Reform Act of 2012 (FMRA).
In accordance with 14 CFR §11.81, the extent of the relief sought and the reasons Petitioner is seeking the relief are explained, and other information is provided, below.
Petitioner The name and address of the Petitioner and point of contact are: Sporty's Academy, Inc. Attn: Eric C. Radtke, President Clermont CountyAirport 2001 Sportys Drive Batavia, OH 45 1

- 0 3

- 9747 Tel: (5 1 3) 735

- 9 100 , ext. 352 Email: fly@sportysacademy.com Bacicground Petitioner, an Ohio corporation, is a wholly-owned subsidiary of Sportsman's Market, Inc. (SMI). SMI has over 51 years of experience in providing high quality aviation



### Phone 513.735.9100 spDrrysacademy.com Fax 513.735.9200

# sporty's academy, inc.

Clermont Counry/Sporty's Airport • 2001 Sporrys Drive • Batavia, Ohio 45103-9747

December io, 2 0 1 5

Docket Operations, M-30 U. S. Department of Transportation 12oo New Jersey Avenue, SE., Room W12-140 West Building Ground Floor Washington, DC 20590-0001 Re: Petition for Exemption Requesting Relief pursuant to Section 333 of the FAA Modernization and Reform Act of 2012
Dear Sir or Madam: Sporty's Academy, Inc. (Petitioner) hereby requests relief from the following provisions of Title 14 of the Code of Federal Regulations (CFR): §§91.7(a), 91.9(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), and in accordance with provisions of Section 333of FAA Modernization and Reform Act of 2012 (FMRA).
In accordance with 14 CFR §11.81, the extent of the relief sought and the reasons Petitioner is seeking the relief are explained, and other information is provided, below.
Petitioner The name and address of the Petitioner and point of contact are: Sporty's Academy, Inc. Attn: Eric C. Radtke, President Clermont County Airport 2001 Sportys Drive Batavia, OII 45 1 03

- 9747 Tel: (5 1 3) 735

- 9 100 , ext. 352 Email: fly@sportysacademy.com Background Petitioner, an Ohio corporation, is a wholly-owned subsidiary of Sportsman's Market, Inc. (SMI). SMI has over 51 years of experience in providing high quality aviation



### Phone 513.735.9100 sporrysacademy.com fax 513.735.9200education products, and other pilot supplies, to pilots worldwide. Its 

### Sporty's Pi1ot

Shop catalogs are well known and distributed throughout the aviation industry. Petitioner produces high quality video training courses for SMI which have been used to train pilots worldwide. For more than 20 years Petitioner has contracted with the University of Cincinnati to provide the aircraft and instruction personnel for the University's Professional Pilot Training Program. Petitioner holds FAA Air Agency Certificate XSTS103K, issued by the Cincinnati Flight Standards District Office under 14 CFR Part 141,for its flight training programs. It utilizes 22 Certified Flight Instructors, 16 training aircraft, and three aircraft simulators to train pilots under both 14 CFR Part 141 and 14 CFR Part 61. Petitioner's affiliate, Eastern Cincinnati Aviation, Inc. (ECA), is also a wholly-owned subsidiary of SMI. ECA, pursuant to an agreement with the Board of County Commissioners of Clermont County (Ohio), is the fixed-base operator of Clermont County Airport. Licensed Aircraft and Powerplant mechanics working for ECA maintain the training aircraft used by Petitioner. It is also a dealer and service center for Cessna Aircraft, Robinson Helicopters, and Legend Aircraft. ECA holds FAA Air Agency Certificate VYTR380B under Part 145 for its avionics repair station doing business as Cincinnati Avionics, as well as FAA Air Carrier Certificate VY'I'A390B for Part 1 35 aircraft charter operations. Cincinnati Avionics is an authorized dealer for Honeywell Bendix-King, Avidyne, Aspen, Garmin, and other avionics manufacturers. This exemption is sought to allow Petitioner to provide data collection, in particular, aerial video and photography material for Petitioner's video productions which are marketed by its parent corporation, SMI. Petitioner's aviation educational productions are constantly revised and updated. They contain aerial footage demonstrating many modes of flight. Its 

### Learn to Fly course completely covers all information a student needs to obtain the Sport, Recreational and Private Pilot Certificates. Petitioner also produces a comprehensive course for the Instrument Rating as well as a portfolio of many other aviation educational video productions. The exemption will allow for the creation of new material for the productions Petitioner creates. SMI's product offerings may be viewed online at www.sportys.com/courses. Petitioner also plans to introduce a new video production for SMI which will educate non-pilot and other recreational and hobbyist operators of Unmanned Aircraft Systems (UASs). The video would detail regulatory and legal aspects of operating a UAS in the United States National Airspace System (NAS). It would also provide information and guidelines as well as best practices which should be followed. In the past Petitioner has received inquiries from the University of Cincinnati Clermont Campus, some independent photographers, and others requesting Petitioner to provide aerial video footage. Petitioner has occasionally been able to provide such video to the limited extent the requests could be satisfied utilizing fixed-wing aircraft. Petitioner anticipates it may be able to honor some future similar requests utilizing the Q500, to the extent such could be provided while operating subject to the limitations and conditions set forth below.Requested Relief

Petitioner seeks exemption to operate Typhoon model Q500 UAS platforms manufactured by Yuneec (Q500) for commercial purposes in the NAS. The Q500 is a small multirotor platform with Vertical Takeoff and Landing capabilities controlled by operators maintaining Visual Line of Sight using a full telemetry, GPS equipped, handheld ground station. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its proposed operation, under the exemption sought, Petitioner's operation of the Q500meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. The relief requested from the requirements of §61.113(a) and (b), is only to the extent necessary to allow a Pilot in Command (PIC) holding a Private Pilot (or higher level) certificate to operate the Q500. Petitioner also seeks relief from §91.7(a). To avoid any confusion the Q500will be in an airworthy condition when operated by Petitioner, however it will neither have, nor require, an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H. Petitioner believes an airworthiness certificate is not required because Petitioner's operation of the Q5oo will meet the conditions of FMRA Section 333•The Q500s will have maintenance and care conducted to ensure it is in an airworthy condition, prior to every flight, by determining that the Q500 is in compliance with the operating documents provided by the manufacturer and otherwise by conducting all required and recommended inspections and preflight actions. Petitioner seeks an exemption from the requirements of §91.9(a) because the Q500s size does not permit such markings and it is not a registered aircraft. Petitioner seeks an exemption from the requirements of §91.121 as the Q5oo will not be equipped with a barometric altimeter. Altitude will be measured using barometric and Global Positioning System (GPS) sensors. The UA provides the information to the Line of Sight (LOS) operator via a Ground Control Station (GCS) application for real time flight telematics. The flight telematics aid the operator ensuring compliance and safe operation of the UAS: (a) within visual line of sight, and (b) at or below 200 feet AGL.This will ensure a level of safety equivalent to that intended by §91.121 as applied to nonUAS aircraft. Relief from §91.151(b) is requested to the extent required to allow flights of the battery powered Q5oo during daylight hours in visual meteorological conditions, under visual flight rules. Petitioner seeks the requested relief as the Q5oo does not utilize traditional aircraft combustible fuel, rather the Q500 is battery powered. The relief requested from the requirements of §§91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &(b) relates to regulatory and maintenance requirements which are in conflict with the requirements for maintenance of the Q5oo.Public Interest

Granting Petitioner the exemption sought would further the public interest by allowing Petitioner to more economically produce aviation training and other videos for the public. This includes the continuous task of updating of current videos produced by Petitioner thus providing current information to the public. In addition, in the event the exemption sought is granted, Petitioner anticipates producing a video marketed to persons operating UASs for recreational and hobby purposes. The production would include guidelines for the safe operations of UASs and include information concerning the FAA's proposed 14 CFR Part 107, as set forth in the FAA's Notice of Public Rulemaking, Docket No. FAA-2015-0150; Notice No. 15-o1, and any final rules regarding small UASs. Use of the battery powered Q500with electric motors, rather than internal combustion powered manned aircraft, will decrease congestion in the NAS, reduce pollution, and its cost effectiveness would provide other associated benefits to the economy. Equivalent Level of Safety; Limitations and Conditions Section 333provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Under the exemption sought Petitioner would operate the Q500subject to the following specific limitations and conditions to ensure a level of safety at least equal to that provided by the rules from which Petitioner seeks exemption. Initially Petitioner's operation of the Q500 under the exemption sought would be by one of the experienced remote control PICs employed by SMI who is listed on Exhibit A hereto. Prior to flights under the exemption sought each PIC would demonstrate his ability to safely operate the Q5oo in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Subsequently Petitioner may qualify other pilots, holding a Commercial Pilot certificate or higher, once the PIC has demonstrated to one of the PICs listed on Exhibit A or a later qualified PIC, by meeting minimum flight-hour and currency requirements, his or her ability to operate the Q500 in a manner consistent with the exemption sought. The PIC would be designated before the flight and would not transfer his designation during the duration of the flight. Petitioner would not operate more than one Q50o at the same time. Petitioner will only use authorized technicians to perform maintenance on the Q500 utilizing the authorized methods, techniques, and practices set forth in 14 CFR and in accordance with the recommendations of the Q500manufacturer.Prior to any flight by Petitioner under the exemption sought, a standardized preflight

inspection will be conducted to ensure the Q500 is airworthy based upon compliance with the manufacturer's operating documents and recommendations. The pre-flight inspection by Petitioner personnel will account for all potential discrepancies, e.g. inoperable components, items, or equipment. Petitioner would only operate the Q500 under the exemption sought during daylight hours in visual flight rules conditions with at least three statute miles visibility. Petitioner would not operate the Q500 closer than five nautical miles (NM) from an airport having an operational control tower; three NM from an airport with a published instrument flight procedure, but not an operational tower; two NM from an airport without a published instrument flight procedure or an operational tower; or two NM from a heliport with a published instrument flight procedure. Petitioner would not operate the Q5oo in restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Petitioner would not operate the Q500closer than 5oo feet of persons, structures, vehicles and vessels not associated with the operation. In operating the Q5oo the Petitioner would yield right of way to any other aircraft, manned or unmanned and, in any event, no operations would be conducted in a manner which could endanger the NAS. Petitioner's proposed operation of the Q500 under the exemption sought would only take place in Class G airspace at altitudes of 200 feet AGL or lower, for a duration of no more than 25 minutes and at speeds of no more than 25 statute miles per hour. Petitioner's PICs would only operate the Q500 within visual line of sight of the Q500 at all times using human vision unaided by any device other than corrective lenses, as specified on the pilot's FAA-issued airman medical certificate. Operations may utilize a visual observer (VO). If utilized the Q5oo would be operated within the visual line of sight of the PIC and the VO at all times. The VO could be used to satisfy the visual line of sight so long as the PIC always maintains visual line of sight capability. The VO and PIC would be able to communicate verbally at all times. Electronic messaging or texting would not be permitted. The PIC would ensure the VO can perform all duties required.
Petitioner's Q5oo has GPS flight modes whereby it hovers and then slowly lands if communication with the PIC is lost or battery power is low. Technical specifications of the Q500 The technical specifications of the Q5oo as set forth by the Typhoon Q500 manufacturer are as follows:Battery: 540ornAh LiPo

Weight (Battery & Propellers included): 1 7 00 9 Max Yaw Rotational Velocity: 65°/s Max Tilt/Bank Angle: 35° Max Ascent/Descent Speed: Ascent: 3m/s; Descent: 2m/s Max Flight Speed: 15 mph, approximate. Diagonal Length (without propellers): 565mm The Specifications of the Q5oo demonstrate that the Q50o does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. The Q500 utilizes four counter-rotating propellers for extreme balance, control and stability that is aided by GPS and other on board sensors. In the event of an unexpected loss of communication with the Q500 it will return to a pre-defined location at a pre-determined altitude AGL. If the Q5oo has returned to the pre-defined location and altitude with a low battery the Q5 00will safely land at the pre-determined location. Summary Sporty's Academy, Inc. the Petitioner, seeks exemption from the requirements of 14 CFR: §§9 1 •7(a), 9 1 •9(a), 91.121,9 1

- 1 5i(b), 9 1 •4 0 5(a)> 9 1 •4 0 7(a)( 1 ), 9 1 •409(a)( 1 ) and (a)(2), and 91.417(a) and (b), to operate an unmanned aircraft system pursuant to Section 333of the FAA Modernization and Reform Act of 2012. This exemption will permit Petitioner to operate a remotely piloted aircraft for commercial purposes. The primary purpose for which the exemption is sought is to provide aerial video and photography material for Petitioner's aviation educational products.
Additional Information Petitioner has not previously filed a petition for an exemption pursuant to 14 CFR §11.61 and Section 333 of the FMRA or received a docket number. Petitioner would not exercise the privileges of the exemption sought outside the United States. Conclusion As set forth herein, Petitioner seelcs an exemption pursuant to 14 CFR §11.61 and Section 333 of the FMRA, which will permit safe operation of the Q5oo commercially, without an airworthiness certificate, for the purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator would be fulfilling the Congressional mandate of the FMRA, while also advancing the interests of the public, by allowing Petitioner to safely, efficiently, and economically operate the Q500

commercially within the NAS. In accordance with the Federal Aviation Regulations and the FMRA, Section 333> Petitioner respectfully requests that the Administrator grant this Petition for anexemption from the requirements of 14 CFR §§91.7(a), 91.9(a), 91.121, 91.151(b),

91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b), and permit Petitioner to operate the Q500 commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Petitioner respectfully requests that FAA exercise its authority to issue the exemption sought by Petitioner pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended, without delay. Very truly yours, SPORTY'S ACADEMY, INC.



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. Eric C. Radtke, PresidentEXHIBIT A

Sporry's Academy, Inc.'s request for exemption pursuant to Section 333of the FAA Modernization and Reform Act of 2012

Initial list of pilots who will be operating the Q500:

Chris Clarke Commercial Pilot, #3042376 UAS operating experience: 16 years
Bret Koebbe Airline Transport Pilot, #2820332 Gold Seal Flight Instructor UAS operating experience: 14 years Eric Radtke, #3166162 Airline Transport Pilot Gold Seal Flight Instructor UAS operating experience: 18 years John Zimmerman, # 2 5 2 6545 1 4 Commercial Pilot UAS operating experience: 20 years