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 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): §§9i.7(a), 91.9(a), 91.121, 

91 • 151(b), 91 •405(a), 9 1 •407(a)(1)> 9 1 •4o9(a)(1) and (a)(2), and 91.417(a) and (b), and in 

accordance with provisions of Section 333 of 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 451-03 -9747 

Tel: (513) 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, 2 015 

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 333 of 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 451 03-9747 

Tel: (513) 735-9100, 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 513.735.9200 
education 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 135 

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 Q500 meets 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 Q500 will 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• TheQ500swill 

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 Q500ssize 

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 Q500 with 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 333 provides 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 Q500 subject 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 Q500 manufacturer. 
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 Q500 closer 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): 17009 

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 00 will safely land at the pre-determined location. 

Summary 

Sporty's Academy, Inc. the Petitioner, seeks exemption from the requirements of 14 

CFR: §§91 •7(a), 9 1 •9(a), 91.121, 91 - 1 5i(b), 9 1 •405(a)> 91 •407(a)( 1), 91 •409(a)(1) and 

(a)(2), and 91.417(a) and (b), to operate an unmanned aircraft system pursuant to 

Section 333 of 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 an 
exemption 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. 

: 

.~ 

~_ ~.. _ -~~✓. 

Eric C. Radtke, President 
EXHIBIT A 

Sporry's Academy, Inc.'s request for exemption pursuant to 

Section 333 of 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, # 25 2 654514 

Commercial Pilot 

UAS operating experience: 20 years