UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547
Kelly n eubecker@uasolutionsgroup.com

Ju ly 22
, 2015
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Re : Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s UAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary On behalf of our clients, ProCore Drones, LLC and p ursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”)
, Subs ec ti on ( f

) of 49 U

. S

. C

. § 44701
, and 14 C.F.R. Part 11
, ProCore Drones, LLC

. ( hereafter
known as the “Petitioner”)
, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped
to conduct full service photography and videography s eeks exemption from the following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the previously approved Leptron RDASS and Yuneec Q500 within the N ational A irspace System (NAS) for con trolled,
low

- risk
, aerial video and photography of Real Estate Properties
, (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors) , land survey, f ilming of special even ts, as well as operations in support of law enforcement and first responder activities including crime scene reconstruction, traffic accidents, search and rescue , and fire rescue and spotter o ver certain areas of the United
States
, conducted within and under the conditions outlined herein
, or as may be established by
the F AA, as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of2

the Leptron RDASS and Yuneec Q500 s UAS by Petitioner under controlled conditions in predetermined airspace that is 1) Limited in scope 2 ) Controlled as to access by mission essential personnel only and
3 ) Provides improved safety controls and efficiency to the construction man ag ement and inspection industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such airc raft systems in the national airspace system” as stated within Section 333(c) of the FMRA. In making this determination, the Secretary is required to determine which types of s UAS do no t create a hazard
to users of t h e NAS or the public or pose a threat to national security in light of the aircraft’s size, weight, speed and operational capability; Operation of the s UAS in close proximity to airports and population centers; Operation of a s UAS within visual line of sight of the operator.
Grant of t h e reques ted exemption is in the public interest based upon the concise direction expressed within section 333 of the reform act; the added authority granted by the Act, as amended; an equivalent level of safety regarding flight operations as expressed herein, and significant cost savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without delay. Petitioner will operate the Leptron RDASS and Yuneec Q500 sUAS while keeping the documents required by the regulations at the ground control station and immediately accessible
to the P ilot i n C ommand (PIC) and by modification of the required markings (registration

n umber) of the s UAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:
ProCore Drones, LLC
The primary contact for this petition, with a copy to me at the address above is :

Michael Fett 19091 W. Spring Lake Rd Spring Lake MI 49456

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a),3

d. 14 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121, g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a), i. 14 C.F.R

. 9 1.407(a)(1), j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background ProCore Drones, LLC is a Michigan based company with experience in building and structure inspections with the operational infrastructure to provide precision aerial video and photography of Real Estate Properties, (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors)
, land survey, filming of special events, as well as operations in support of law enforcement and first responder activities including crime scene reconstruction, traffic accidents, search and rescue, and fire rescue and spotter in different geographical l ocations throughout the Unites States in a safe, convenient, and legal manner.
ProCore Drones, LLC ’ s sUAS s for the purposes of this petition is the Leptron RDASS and Yuneec Q500

. The Leptron RDASS and Yuneec Q500 both meet the requirements for determination of Summary Grant for exemption as each has been previously approved in Exemption Nos. 11727, 11777, and 12086. All operational manuals have been previously submitted and reviewed by the FAA. ProCore Drones, LLC w ill operate only within v isual line of sight (VLOS) and during daylight hours in Visual Flight Rules (VFR) conditions. Additionally
, ProCore Drones, LLC will operate only within the parameters defined in the blanket Certificate of Authorization (COA) is sued by the FAA under the new interim policy. In the event any ProCore Drones, LLC operation exceeds the 200 foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to flight opera tions. Such requirements will insure that the sUAS will “not create a hazard to users of the national airspace system or the “public” as stated in Section 333 of the FMRA.
D. Airworthiness A critical element of consideration for grant of the petition is evidence of an equivalent level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft4

from the requirement for an actual airworthiness certificate in accord ance with the statutory criteria provided in Section 333 of PL 112

- 95 in reference to 49 USC 44704, in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation. , Also, in accordance with FAA N 890 0.291, Petitioner ha s an established inspection and maintenance program for the continued airworthiness of the aircraft in accordance with the
manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for
the aircraft and aircraft components. ProCore Drones, LLC ’s standard operating procedures are detailed within the Flight Operation Limitations and Safety section on page 9.

E

. Leptron RDASS and Yuneec Q500 Professional Operational Capabilities

Petitioner seeks an exemption to operate the Leptron RDASS and Yuneec Q500 for
limited approved com mercial pu r poses within the NAS 1

. The Leptron RDASS and Yuneec Q500 are multi

- rotor sUAS aircraft comprised of a VTOL UA and a transportable GCS. The Leptron RDASS and Yuneec Q500 d o not carry any flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the UAS's position and height and relays that information via a secure connection to the operator. Additionally, the Leptron RD ASS and Yuneec Q500
, have the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with pre

- coordinated automated flight maneuvers.

F. Regulatory Basis for Petition
Petitioner
, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and
Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft Systems ( “ Section 333 ” )
, hereby respectfully petitions the Administrator for an exemption from
the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

.

1 ProCore Drones, LLC will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition. 2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?5

1. Section 333 Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational
authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational
authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion
of the plan and rulemaking required by S ection 332 of this Act or the guidance required by
section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”
Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section 333(b) (2)

. 2. 49 U.S.C. § 44701
T he FAA is further authorized to grant exemptions from its safety regulations and
minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and
S ections 44702

- 44716). 5
For the reasons addressed herein
, this Petition q ualifies for expedited approval of
Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

. G. Leptron RDASS and Yuneec Q500 Statutory Criteria for Exemption under Section
333
G iven its small size, light weight, slow speed, limited load capacity, superior operational capabilities
, and that the operations will be conducted only during the day, under

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )
, t h e “ A d m

i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t
o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m

p ti o n is i n t h e p u b lic i n te r e s t

. ” 5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

visual meteorological conditions ( “ VMC ” ), within V LOS of the PIC, with the assistance of a
visual safety observer ( “ VO ” )
, and confined within the boundaries of a consenting landowner’s property and not in the proximity of airports or populated areas , the Leptron RDASS and Yuneec Q500 is the very category of sUAS that qualifies for expedited approval under Section
333

. 1

. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to low risk a reas and in accordance with the blanket 200

- foot COA requirements at an altitude of no more than 200 feet above ground level (AGL). In the event a ProCore Drones, LLC operation is required to exceed the 200

- foot limitation imposed by the policy, a separate COA specific to the airspace required for that operation will be obtained prior to operations at an altitude of no more
than 400 feet AGL. All altitudes reported to ATC will be in AGL when required and a ny operations conducted within 5 nautical miles (NM) of the geographic center of a non

- tow ered airport will obtain a Letter of Agreement with the appropriate airport management and made
available to FAA upon request. In addition, a ccess to any property will be limited to persons
associated with and necessary to flight operations.

2

. Visual Line

- of

- Sight The minimum crew for each operation will consist of a PIC and VO . The VO will be used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always
maintain VLOS with the sUAS

. T he Leptron RDASS and Yuneec Q500 will at all times be
flown by Petitioner only in the daytime (not at night) under VMC
, within VLOS of the PIC
, with the further assistance of the VO with whom the PIC will have the ability for direct and
continuous two

- way verbal communication s 6 so as to ensure that the flight operations remain

w i t h i n the PIC’s VLOS and prescribed flight boundaries and de

- conflict with objects in the
air and on the ground. Thus , pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of control and collision avoidance to satisfy the “ see and avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs will be used

.

6 PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment7

3

. Other Factors

a. Leptron RDASS and Yuneec Q500 S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th ese particular s UAS s

. The Leptron RDASS and Yuneec Q500 is characterized by a high degree of

pre

- programmed control, various built

- in technical capabilities that l imit the potential for operation outside of the operating conditions as set forth below, and many built

- in functional, safety and redundancy features to ensure a safe and reliable operation. At a minimum: geo

fencing at a maximum ceiling of 200’or 400' AG L, flight programming capabilities, a flight termination link available to the operator to prevent a "fly away," and safe abort procedures. If
the Leptron RDASS and Yuneec Q500 loses communications or its GPS signal, it will return to a
pre

- determined location and land or be recovered in accordance with the User’s Manual. The Leptron RDASS and Yuneec Q500 will have markings identifying the serial number and identification (N

- number) markings as large as practicable. Further, ProCore Drones, LLC operation s will comply with all manufacturer Safety Bulletins.

b

. Safety Management System A Safety Management System (SMS) approach will regulate Petitioner ’s operation of
the Leptron RDASS and Yuneec Q500 and will significantly contribute to maintaining the level of safety contemplated by the airworthiness certificate requirements from which Petitioner now seeks relief.
Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)
, each

person performing maintenance, alteration, or preventive maintenance on the Leptron RDASS and Yuneec Q500
, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator. Each person shall use the tools and e quipment necessary to assure completion of the work in accordance with accepted industry practices.

c. Flight Operation L imitations and Safety In seeking this exemption, Petitioner proposes to operate the Leptron RDASS and Yuneec Q500 pursuant to the following specific operating limitations : 1. The Leptron RDASS and Yuneec Q500 weighs less than 8 pounds, fully
loaded.8

2. The Leptron RDASS and Yuneec Q500 shall only be operated at or below 2 00
ft AGL , unless a separate COA specific to the airspace required for that operation is obtained prior to operations at an altitude of no more than 400 feet AGL.
3. The Leptron RDASS and Yuneec Q500 shall be operated within VLOS of the
PIC and safety VO.
4. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.
5. The Leptron RDASS and Yuneec Q500 shall be operated pursuant to Day Visual Flight Rules (VFR) in visual meteorological conditions (VMC). The Leptron RDASS and Yuneec Q500 shall be operated only during daylight hours ( i.e.
between the end of morning civil twilight and the beginning of evening civil twilight, as published in the American Air Almanac, converted to local time).
6. The Leptron RDASS and Yuneec Q500 shall operate from on

- site takeoff/landing
locations directly next to the PIC and co

- located VO. The PIC and the VO shall be able to verbally communicate during all operations.
7. Operations shall be conducted by certificated airmen who possess either a commercial, private, recreational, or sport pilot certificate

. 8. The PIC will be a FAA licensed airman and will hold a current airman medical certificate or valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
9. The PIC shall have successfully completed the training and qualification process in
accordance wi

th Leptron RDASS and Yuneec Q500 Pilot Training Guide. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated training
sessions.
10. A minimum of three take

- offs and three landings in the preceding 90 days will be required by the PIC to maintain currency, such log of which shall be made available to the Administrator upon request.9

11. All op era tions will util i z e a VO. The UA will be op e ra t e d within the V L O S o f the
P I C a nd VO a t a ll tim e s. The VO m a y be u s e d to s a tis f y the V L OS re q u i re m e nt a s lo n g a s the P I C a lw a y s m a int a ins V L O S ca p a bili t y . T h e VO a nd P I C will be a ble

to c ommuni ca te v er

b a l l y a t a ll tim e s; e l ec t r onic m e s s a g ing o r t e x ting is not

p er mitt e d du r ing f

l i g ht op e r a tions. The P I C will be d e si g n a t e d b e f o r e t h e f li g ht a nd

c a nnot t ra ns f

e r his or h e r d e s i g n a tion f o r the du ra tion of the f

l i g ht. T h e P I C will

e nsu r e th a t the VO c a n p e r f o r m the d u ti e s re qui re d of t h e VO.
12. The UA will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman
medical certificate or U.S. driver ’s license.
13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC qualifications, is also present during flight operations, that person can also be designated as PIC and will follow the necessary p rocedures to assume control.
14. A briefing will be conducted in regard to the planned o perations prior to each flight

. It will be mandatory that all personnel who are performing duties within the boundaries of the flight operations safety perimeter be present for the briefing.
15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to conducting any actual flight operations. ProCore Drones, LLC will only operate
within the guidelines of the blanket 200

- foot COA under the FAA’s interim policy. For flights above 200 feet AGL, ProCore Drones, LLC will operate in a confined geographic area as defined by a separate approved ATO issued COA.
16. At least three (3) days before scheduled operations, operator shall submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed oper ations, such submission of which may be waived with the concurrence of the FSDO. If required by the FSDO to be submitted, the Plan of Activities shall include: dates and times for all flights; operator’s and on

- scene flight operator’s name and phone numbe r; s UAS make,
model and serial or N

- number; PIC’s name and certificate number; statement that the operator has obtained permission from property owners and/or local officials to
conduct the operations (such list of those who gave permission to be made10 available upon request); description of the planned flight activity, including, as applicable, maps or diagrams of the area, city, town, county and/or state over which the operation will be conducted, and the altitudes essential to accomplish the operation; signature of the exemption holder or representative.
17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less than 48 hours prior to each flight with the appropriat e FSDO.
18. Any operations that will be conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will obtain a Letter of Agreement with the appropriate airport management and made available to FAA upon request. 19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed flight a communication with the nearest local Air Traffic Control facility indicating location, altitude and duration of the proposed flight.
20. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies at least 12 hours in advance of any flight operation

. 21. The Leptron RDASS and Yuneec Q500 shall be marked with an identification (N

Number) in accordance with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and identified by a serial number registered in accordance with 14 C.F.R. Part 47.
22. All flights w ill remain clear and yield the right of way to all other manned operations and activities at all times, including, but not limited to: ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.
23. Flights will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the
PIC.
24. The Leptron RDASS and Yuneec Q500 shall be operated at an airspeed not to
exceed 31 knots.
25. Any time the Leptron RDASS and Yuneec Q500 is operating, all documents required under 14 C.F.R. § 91.9 and § 91.203 shall be available to the PIC at the GCS. Such documents shall be made available to the Administrator or any law11 enforcement official upon request.
26. The Leptro n RDASS and Yuneec Q500 shall not be operated directly over any person, except authorized and consenting personnel required for f light/ imaging operations,
27. The radio frequency spectrum used for operation and control of the Leptron RDASS and Yuneec Q500 shall comply with the requirements of Leptron RDASS and Yuneec Q500 manuals and the SOP

. T he Leptron RDASS and Yuneec Q500

s hall at all time s be operated to ensure a safe distance away from all participating
and non

- participating personnel , at least 500 feet away from persons not involved in the flight operations (non

- participating persons) unless:

 Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

mus t ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of n onparticipating persons

.

 The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and
determined that it does not present an undue hazard.
28. The flight will be terminated at 20% battery power reserve

. 29. Prior to each flight
, the PIC shall inspect the Leptron RDASS and Yuneec Q500
, including any inoperable components, items or equipment, to ensure it i s in a n airworthy condition for safe flight. If the inspection reveals a condition that
affects flight readiness or safe operations, the Leptron RDASS and Yuneec Q500 shall not be operated until the necessary maintenance has been performed
and it is found to be in a condition for safe flight. Any discrepancies and all
maintenance or alterations shall be doc umented in the aircraft records, such records to be made available to the Administrator upon request.
30. Except as may be designated otherwise for Fa il

- Safe operations, t he Leptron RDASS and Yuneec Q500 shall take off and land at a location within the
boundaries of the subject property next to the PIC.12

31. Upon loss of communication or GPS signal, the Leptron RDASS and Yuneec Q500 shall return to a predetermined location within the boundaries of the landowner’s property and land or be recovered in accordance with the User’s
Manual

. 32. In the event of an emer gency or unanticipated obstacle to planned operations, the operation shall be aborted and the Leptron RDASS and Yuneec Q500
, if airborne, shall return to a predetermined location.
33. The Leptron RDASS and Yuneec Q500 shall be maintained in accordance with
the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and in accordance
with FAA N 8900.291.
34. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
35. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall also be reporte d to the National Transportation Safety Board (NTSB). Further flight operations shall not be conducted until the incident, accident or transgression is reviewed by the UAS Integration Office and authorization to resume operations is provided.
d

. Privacy
All ProCore Drones, LLC s UAS operations will be conducted in accordance with applicable F ederal, S tate, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land/building owner/controller or authorized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be conducted.

e

. Physical Security
In order to ensure its safe and proper us e , Petitioner will be the only operator of the Leptron RDASS and Yuneec Q500 and the Leptron RDASS and Yuneec Q500 will at all
times remain in Petitioner ’s custody

.13

4

. . Lack of Threat to the NAS, Public, or National Security For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,
Petitioner ’s record of safety and the small size of the s UAS involved and the controlled sterile area within which they will operate, Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of s UAS s to commence immediately. Petitioner will operate the Leptron RDASS and Yuneec Q500 in accordance with the aforementioned flight limitations
without creating a hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be required to be screened by the Department of Homeland Security, approval of the petition
presents no threat to national security

. Further, given its small size and limit load capacity, the Leptron RDASS and Yuneec Q500 s UAS is incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or f l a mm ab l e li q u i ds. For all of these reasons, Petitioner ’s proposed operations using the Leptron RDASS and Yuneec Q500 qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified uses and under the proposed operating requirements and restrictions.
H

. Public Interest Benefits Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect on safety for the following reasons

.

1. Public Interest Generally The grant of the requested exemption is in the public interest based on the clear direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enh anced level of safety of the proposed operations, the significant public benefit, and cost savings to be realized as a result of the use of sUAS for precision aerial imaging and survey services. Moreover, the FAA has previously granted identical e xemption s for sUAS

. 7 The Leptron RDASS and Yuneec Q500 are battery powered s UAS s that serves as a safe r , more efficient, and economical alternative to larger
and heavier manned aircraft carrying flammable liquid fuels
, traditionally use for aerial photography or aerial surveying

. This will provide for a n added superior level of safety to persons and property in the air and on the ground than that provided by manned aircraft performing the same operations. No p ilot or cre w need be airborne and g ranting the exemption

7 ProCore Drones, LLC r e q u e s ts t h at t h e F AA n ot solicit p u b lic c o mm e n t o n i t s petition b eca us e it

w o u ld n o t s et a ny new pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y . 1 4 C

. F

. R

. § 11.87.14

would also decrease the number of manned aircraft in the NAS and, as a result, reduce congestion as well as the environmental impact of such operations

. Using the Leptron RDASS and Yuneec Q500 also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G

round
Because the Leptron RDASS and Yuneec Q500 is unmanned, the proposed operations
eliminate the risk to pilot and crew associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further, g iven its small size and weight and low air speed
, using the Leptron RDASS and Yuneec Q500 also reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to be a n unforeseen mishap

.

b

. Reduced Environmental Impact
U sing the Leptron RDASS and Yuneec Q500 s UAS instead of manned aircraft also benefit s the public by eliminating or greatly reducing air and noise pollution associated with traditional
aerial imaging operations

. Because it is battery power ed and uses electric motors, the Leptron RDASS and Yuneec Q500 s UAS consumes no fuel
, generates no air pollution
, and creates very little noise . As a result, the public is benefited as a result of reduced enviro nmental impact, r educed operator and other human exposure , and greater fuel conservation, which serves additionally

to su pport our G overnment’s specific effort s to reduce the U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling
The Leptron RDASS and Yuneec Q500 also does not require a runway or helipad to takeoff or land and will not be operated within the close proximity of any airports without prior FAA approval

. As such , fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure, arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number of manned aircraft flying or transiting at or above 500’ AGL to and
from the areas of imaging operations as well as congestion around airports due to aircraft arrival
and departure.
d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy B etter aerial footage can also be obtained using the small and nimble Leptron RDASS and Yuneec Q500 than can be obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior flight performance characteristics, the Leptron RDASS and Yuneec Q500

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.15

allows for images to be taken from certain locations and angles and with better precision than using
manned aircraft

. As a result, less time is needed in the air to obtain the desired footage
, which in addition to providing the benefit of fewer aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on the ground, reduced noise, etc., allows for the production
of surveys , which benefit s consumers

. This additionally ensures that companies such as ProCore Drones, LLC and its customers remain competitive and profitable, thereby providing their employees greater job stability, which ultimately contributes further to the U.S. econom y through
increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost Using the Leptron RDASS and Yuneec Q500 also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft. Instead of each time having to hire
a manned aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability,
Petitioner can operate the Leptron RDASS and Yuneec Q500
, which it has purchased and outfitted
at lower combined cost
, innumerable times and at the convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects Granting this Petition will also not adversely affect aviation safety or pose any undue
risks to the public. The operations pursuant to this Petition will be in accordance with
+0 approved processes and checkli st s an d in c o m p li ance w i t h all applicable FAA safety policies
and guidance. Accordingly, and as detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed
, as detailed below
, operations pursuant to the limitations and guidelines addressed herein and the safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting exemptions with similar aerial photography
, imaging , and surveying parameters in all material respects, to those presented herein

. For these

reasons , ProCore Drones, LLC ’s operations pursuant to this Petition also qualify for an exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief
Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14
C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121
, 91.151(b)
, 91.405(a), 91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

.16

Section 45.27, entitled Location of marks; nonfixed

- wing aircraft
, subsection (a) states (emphasis added): (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. To the extent subsection 45.27(a) may be deemed to apply to the Leptron RDASS and Yuneec Q500 s UAS
, Petitioner seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the Leptron RDASS and Yuneec Q500 s UA S is of insufficient size to accommodate any such marking. Thus marking the Leptron RDASS and Yuneec Q500 s UA S as required by this subsection would not be possible.
An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Leptron RDASS and Yuneec Q500 s UA S , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest available surface so as to permit such marking to be displayed to pilot, crew, and others

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in
command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command
, subsections (a) and (b) state (emphasis added): (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor m ay that person, for compensation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or
hire. In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Petitioner seeks exemption from the subsections because t he Leptron RDASS and Yuneec Q500 w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera).17

As addressed, the Leptron RDASS and Yuneec Q500 is a very light, remotely controlled s UAS with no persons or property on board. Each f li g h t is p l anned and fully coo r d i na t ed i n a d v ance in accordance with those procedures provided in the SOP

. Thus t he r i s k assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al ope r a t i ons

con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a PI C having a private pilot certificate , rather than a commercial certificate, met the minimum flight hour and qualification criteria, and operating according to the limitations and guidelines provided herein
, provides a level of safety that

e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. 3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Petitioner meets the Section 333 criteria or exemption from the airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) inapplicable.
Section 91.7, entitled Civil aircraft airworthiness
, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the
SOP , and the Maintenance Manual
, for maintaining the aircraft and checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y w il l be

p r o v i ded.
4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight
crewmembers at stations
, states (emphasis added): (a) During takeoff and landing, and while en route, each required flight
crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt f

astened while at the crewmember station.18

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or
, (2) The crewmember would be unable to perform required duties with the
shoulder harness fastened.
In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the Leptron RDASS and Yuneec Q500 s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f

e t y can be provided instead by using an unmanned aircraft controlled by a PIC
who at all times is located at and controls the Leptron RDASS and Yuneec Q500 from the GCS.
5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe altitudes: General
, subsection (d) states (emphasis added): Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:
(c) Over other than congested areas. 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.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this Petition, t he Leptron RDASS and Yuneec Q500 s UA S w il l at times be ope r a t ed either at or below 200 or 4 00 feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within
the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would19

generally be restricted . Further t he Leptron RDASS and Yuneec Q500 s UAS flight operations
will be m on i t o r ed at all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on. The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter settings , 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.” Petitioner seeks exemption from S ection 91.121 because the Leptron RDASS and Yuneec Q500 s UAS does not use or have on board a typical barometric altimeter as contemplated by the regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at or below 400 feet AGL
, within the VLOS of the PIC (with the assistance of a VO)
, with altitude
information downlinked from the Leptron RDASS and Yuneec Q500 to the PIC to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy by the PIC.

7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.
Petitione r seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
, states (emphasis added): (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 Leptron RDASS and Yuneec Q500 is an unmanned aircraft, and thus would not begin a flight with a person in it as the regulation contemplates . To t he extent the regulation applies to the Leptron RDASS and Yuneec Q500
, the Leptron RDASS and Yuneec Q500 has a maximum flight duration of 15 minutes
, depending upon atmospheric conditions and type of

camera or sensor. A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 3 minutes w h i ch e v er occurs f i r s t, as provided in the SOP . Given that the20

Leptron RDASS and Yuneec Q500 will be operated within the VLOS of the PIC, within the confines of the particular landowner’s property with prior written consent of the landowner and participating and non

- participating personnel, this restriction would provide more than enough battery reserve to accommodate a safe return to the landing zone from anywhere in the operating area with no adverse e ffect on the safety of persons and property in the air or on the ground.
The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,
in all material respects, to those presented herein

.
8

. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance inspections and recording

. Section 91.405(a) , entitled Maintenance required
, states: Each owner or operator of an aircraft

— (a) 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(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,
or alteration
, states: (a) No person may operate any aircraft that has undergone maintenance,

p reventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter;

Section 91.409 (a)(2)
, entitled Inspections , states: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7
of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of th is section may be substituted for any inspection required by this paragraph unless it is performed by a person21

authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.

Section 91.417(a) and (b)
, entitled Maintenance records
, state: (a) Except for work performed in accordance with §§ 91.411 and 91.413
, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and
records of the 100

- hour, annual, progressive, and oth er required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administra tor) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the
aircraft for return to service.
(2) Records containing the following information: (i) The to tal time in service of the airframe, each engine, each propeller,
and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring ac tion, the time and date when the next action is required.22 (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
(b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section sh all be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and
transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.
In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as
p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and that any work on the aircraft be recorded and such records maintained. Petitioner seeks an exemption because , as addressed, the Leptron RDASS and Yuneec Q500 sUAS will operate pursuant to this Petition without airworthiness certification. An equivalent level of safety can be provided instead by requiring, as provided herein, that inspections and maintenance be accomplished according to the inspection, maintenance, and preflight sections of the Maintenance Manual and SOP, and IAW the manufacturer’s guidance
in the Leptron RDASS and Yuneec Q500 User’s Manual. Among other things, the Leptron RDASS and Yuneec Q500 will be inspected prior to each flight to confirm that it is in good working order. Any maintenance or repairs will be perform and logged, and, upon any work being performed on the Leptron RDASS and Yuneec Q500
, it will be checked and approved for flight by personnel before being returned to service.
The F AA has already set precedence by previously granted exemptions in circumstances similar, in all material respects, to those presented herein.
J. Conclusion23

As set forth in the document above, the following summary is provided for publication
in the Feder al Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit safe operation of the Leptron RDASS and Yuneec Q500 sUAS commercially, for the purpos es of low

- risk, aerial video and photography of Real Estate Properties, (for homeowners, realtors, home builders, home contractors and / or home inspectors for real estate marketing and inspection of home exteriors), land survey, filming of special events, as well as operations in support of law enforcement and first responder activities including crime scene reconstruction, traffic accidents, search and rescue, and fire rescue and spotter

. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in the NAS, while also advancing the interests o f the public.

WHEREFORE , in accordance with the Title 49 of the United States Code, the Code of Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, Petitioner respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: Michael Fitt