1

July 6th, 2015

Attn: U. S. Department of Transportation Docket Operation s West Building Ground Floor, Room w12-140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Pro-Check Home Inspections REQUESTS AN EXEMPTION FROM THE REQUIREMENTS OF TITL E 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91 .7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF Yuneec Q500+ UNMANNED AIRCR AFT SYSTEMS
PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AN D REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Jay Birkholz

President Pro-Check Home Inspections 2210 Ptarmigan Lane Colorado Springs, CO 80918

719 375 3100 jay@pro-checkinspections.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS..........................

................................................... ......3

SUMMARY............................................

................................................... ............................4

INTRODUCTION AND INTERESTS OF PETITIONER........... .........................................4

BACKGROUND.........................................

................................................... ........................4

BASIS FOR PETITION.................................

................................................... .....................5

NAME AND ADDRESS OF PETITIONER.....................

................................................... .6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PRO-C HECK HOME

INSPECTIONS SEEKS

EXEMPTION..........................................

................................................... ...............7

THE EXTENT OF RELIEF PRO-CHECK HOME INSPECTIONS SEE KS AND THE

REASON PRO-CHECK HOME INSPECTIONS SEEKS THE

RELIEF................................................... ...........10

THE REASONS WHY GRANTING PRO-CHECK HOME INSPECTION' S REQUEST

WOULD BE IN THE PUBLIC INTEREST

....................................................... .....................................12

THE REASONS WHY GRANTING THE EXEMPTION TO PRO-CHECK HOME

INSPECTIONS WOULD NOT ADVERSELY AFFECT

SAFETY............................................. .................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIST ER...................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT PRO-CHECK HOME INSPECTION'S REQUEST... ...............................................25

CONCLUSION.........................................

................................................... .........................25

APPENDICES............................................................... .......................... 263 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS Ground Control Station GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2 012 (FMRA) SO Safety Observer SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 SUMMARY

Jay Birkholz, dba. Pro-Check Home Inspections herea fter referred to as Pro-Check Home Inspections seeks exemption from the requirements o f 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (Yuneec Q500+) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This e xemption will permit Pro-Check Home Inspections to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construc tion sites, residential and commercial real estate, and civil landscapes over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Jay Birkholz (Owner) has over thirty years experien ce as a business owner. Pro-Check Home Inspections has preformed hundreds of home inspecti ons with a perfect safety record. The objective of Pro-Check Home Inspections and our Unm anned Aircraft System (Yuneec Q500+) is to provide an effective way to inspect roofing t hat cannot support foot traffic. (Fragile clay tile and roofing too steep to safely walk on). This is a great benefit to our clients, as there are currently no other options available to document cr acked, broken, or missing tiles on the home our clients wish to purchase. As a quadcopter oper ator in good standing, there is also a strong need in the real estate industry, providing aerial video and photos to real estate brokers for marketing purposes.

• Construction sites

• Home Inspections (Specifically roofs)

• Real-estate marketing

• Promotional brochures

• Civic landmarks

Jay Birkholz has safely flown small RC electric air planes and quadcopters recreationally for approximately 2 years without incident. His practice and continuing education is an ongoing process, accumulating several hours each month.

BACKGROUND

Unmanned Aircraft Systems: Yuneec Q500+ , UAS

Pro-Check Home Inspections seeks an exemption to op erate a Yuneec Q500+ system for compensation or hire within the NAS. The Yuneec Q50 0+ is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing a built-in electronic tablet systems. The Yuneec Q500+ has a m aximum gross weight of approximately 3.75 lb. while having a length (without rotor blade s) of 16.5”, a maximum speed of5

approximately 13.4 fps and a maximum flying height of 400'. The Yuneec Q500+ is equipped with four main rotors; driven by Lithium Polymer ba ttery powered electric motors.

The Yuneec Q500+ that will be operated by Pro-Check Home Inspections and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, Pro-Check Home Inspections, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderni zation and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the Yuneec Q5 00+ UAS in the National Airspace System (NAS), and for an exemption from the requirements o f 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and li mited operating area associated with the unmanned aircraft and its operation, Pro-Check Home Inspections operation of Yuneec Q500+

UAS meets the conditions of FMRA Section 333 and th erefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H.

Accordingly, Pro-Check Home Inspections requests re lief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as thes e sections set forth requirements for maintenance that only apply to aircraft with an air worthiness certificate.

Pro-Check Home Inspections submits that the request ed relief is proper since an equivalent level of safety will be ensured. Pro-Check Home Inspectio ns will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in th e operating documents (i.e., Monthly Maintenance Log, and Yuneec Q500+ Instruction Manu al). Furthermore, Pro-Check Home Inspections will document and maintain all maintena nce records for the Yuneec Q500+ UAS.

Relief from certain requirements of Section 61.113( a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by Pro-Check Home Inspections to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is abl e to safely operate the Yuneec Q500+ UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles and structures.

Pro-Check Home Inspections seeks relief from Sectio n 91.7(a), entitled Civil aircraft

airworthiness , because the Yuneec Q500+ UAS do not require an ai rworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As su ch, Pro-Check Home Inspections submits that they will ensure that the Yuneec Q500+ UAS is in an airworthy condition, prior to every6

flight, by determining that the UAS are in complian ce with the operating documents (i.e. Monthly Maintenance Log, and Yuneec Q500+ Instructi on Manual), and that the aircraft are in a condition for safe flight.

Pro-Check Home Inspections also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings , as the Yuneec Q500+ UAS will not have a typical b arometric altimeter onboard. However, altitude information of the Yuneec Q500+ UAS will be provided to the PIC via Global Positioning System (GPS) equipme nt and radio communications telemetry data link, which downlinks from the UA to the GCS f or active monitoring of the flight path. This altitude information, combined with Pro-Check Home Inspections operation of the Yuneec Q500+ UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Pro-Check Home Inspections seeks an e xemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Pro-Check Home Inspections submits that safety will not be affected by operati on of the Yuneec Q500+ UAS during daylight hours in visual meteorological conditions (VMC) und er visual flight rules (VFR), with enough battery power to fly for a total duration of approx imately 23 minutes. Battery power indicators are also able to show exactly how much battery powe r is left, as well as how much time is needed to return safely back to point of take off.

In accordance with 14 C.F.R. § 11.81, Pro-Check Hom e Inspections provides the following information in support of its petition for exemptio n:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Jay Birkholz

President Pro-Check Home Inspections 2210 Ptarmigan Lane Colorado Springs, CO. 80918

719 375 3100 jay@pro-checkinspections.com7

B. The Specific Sections Of 14 C.F.R. From Which Pr o-Check Home Inspections Seeks Exemption.

1. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges a nd limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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 prope rty for compensation or hire.

2. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless i t is in an airworthy condition.

3. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsec tion (a), states the following, in part:

(a) Each person operating an aircraft shall maintai n the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a sta tion along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescri bed in paragraph (a)(1)(i) of this section, the current reported altimeter settin g of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setti ng available before departure.8

4. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming norma l cruising speed, to fly after that for at least 20 minutes.

5. Pro-Check Home Inspections Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribe d 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 4 3 of this chapter[.]

6. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance

, rebuilding, or alteration

, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has und ergone maintenance, preventive maintenance, rebuilding, or alteration unless--

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

7. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this sec tion, no person may operate an aircraft unless, within the preceding 12 calendar m onths, 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 authoriz ed by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthin ess certificate in accordance with part 21 of this chapter.9

8. Pro-Check Home Inspections Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the followi ng records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and o ther required or approved inspections, as appropriate, for each aircraft (inc luding the airframe) and each engine, propeller, rotor, and appliance of an aircr aft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) 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 total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of ea ch airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis.

(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 compl iance, the AD or safety

directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next a ction is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently inst alled engines, rotors, propellers, and appliances.10 (b) The owner or operator shall retain the followin g records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of th is section shall 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 th is section shall be retained and

transferred with the aircraft at the time the aircr aft is sold.

(3) A list of defects furnished to a registered own er or operator under § 43.11 of this chapter shall be retained until the defects ar e repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Pro-Check Home Inspections Seeks And The Reason Pro-Check Home Inspections Seeks The Relief.

1. Extent Of Relief Pro-Check Home Inspections Seek s And The Reason Pro-Check Home Inspections Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command , is requested to the extent necessary to allow a P IC holding a private pilot or higher level certificate, as well as a current and valid a irman medical certificate, and who has met certain flight-hour and currency requirements, to c onduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only i ncidental to that business or employment; and (2) The aircraft does not carry passengers or prope rty for compensation or hire.

As set forth more fully below, Pro-Check Home Inspe ctions submits that an equivalent level of safety will be maintained because no PIC will be al lowed to operate the Yuneec Q500+ UAS unless that PIC has met certain flight-hour and cur rency requirements, demonstrating that the PIC is able to safely operate either the Yuneec Q50 0+ UAS in a manner consistent with the operations specifications as described in this exem ption, including evasive and emergency maneuvers, as well as maintaining appropriate dista nces from people, vessels, vehicles and

structures.

Further, Pro-Check Home Inspections submits that al l flights of the Yuneec Q500+ UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Pro-Check Home Inspections business; and (2) will not carry p assengers or property for compensation or

hire.11

2. Extent Of Relief Pro-Check Home Inspections Seek s And The Reason Pro-Check Home Inspections Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Pro-Check Home Inspections to det ermine that the Yuneec Q500+ UAS are in airworthy condition prior to every flight by ensuri ng that the UAS is in compliance with the operating documents (i.e., Pro-Check Home Inspectio ns Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Q500+ Instruction Manu al).

Pro-Check Home Inspections seeks the requested reli ef because the Yuneec Q500+ UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Pro-Check Home Inspections will ensure that the Yun eec Q500+ UAS are in airworthy condition based upon its compliance with the operating docume nts (i.e., Monthly Maintenance Log, and Yuneec Q500+) prior to every flight, and further, d etermine that the aircraft are in condition for safe flight, as stated in the conditions and limita tions below.

3. Extent Of Relief Pro-Check Home Inspections Seek s And The Reason Pro-Check Home Inspections Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter sett ings, may be required to allow flight operations of the Yuneec Q500+ UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry dat a link to downlink altitude information from the UA to the PIC at the ground control statio n (GCS). Since the FAA requires that any altitude information concerning UAS operations be r eported to air traffic control (ATC) in feet above ground level (AGL), Pro-Check Home Inspection s seeks the requested relief because the Yuneec Q500+ UA’s altimeter may be set on the groun d to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed op erations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicab le conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Yuneec Q500+ UAS are equipped with a barometric pressure s ensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of t he UA on the heads-up display of the GCS.

4. Extent Of Relief Pro-Check Home Inspections Seek s And The Reason Pro-Check Home Inspections Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel require ments for flight in VFR conditions, is requested to the extent required to allow flights o f the battery powered Yuneec Q500+ UAS during daylight hours in visual meteorological cond itions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. Pro-Chec k Home Inspections seeks the requested relief because without an exemption from Section 91.151(b) , the flight time duration of the battery12

powered Yuneec Q500+ UAS will severely constrain th e practicality of any aerial video or still photo flight operations that Pro-Check Home Inspect ions proposes to conduct pursuant to this

Petition.

Significantly, as set forth below, the technical sp ecifications of the Yuneec Q500+ UAS, the Yuneec Q500+ UAS operating documents, and Pro-Check Home Inspections proposed operating limitations, ensure that Pro-Check Home Inspections will safely operate the battery powered Yuneec Q500+ UAS during daylight hours in visual me teorological conditions (VMC), under visual flight rules (VFR), with enough battery powe r to fly for a total duration of 23 minutes.

5. Extent Of Relief Pro-Check Home Inspections Seek s And The Reason PRO-CHECK HOME INSPECTIONS Seeks Relief From Sections 91.405( a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Pro-Che ck Home Inspections requests relief from these Sections because the Yuneec Q500+ UAS do not requir e airworthiness certificates. As set forth more fully below, the Yuneec Q500+ UAS meet the con ditions of FMRA Section 333 for operation without an airworthiness certificate. Acc ordingly, Pro-Check Home Inspections will use trained technicians to perform maintenance, alt erations, or preventive maintenance on the UAS using the methods, techniques, and practices pr escribed in the UAS operating documents (i.e., the Pro-Check Home Inspections Aerial Operat ions Manual, Monthly Maintenance Log, and Yuneec Q500+ Instruction Manual). Furthermore, Pro-Check Home Inspections will

document and maintain all maintenance records for t he Yuneec Q500+ UAS.

D. The Reasons Why Granting Pro-Check home inspecti ons Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the publ ic interest by allowing Pro-Check Home Inspections to safely, efficiently, and economicall y perform aerial video and photography of construction sites, real estate, and civic landscap e over certain areas of the United States. Offering an additional level of protection for home buyers wishing to know as much about their prospective new home as possible. To offer new and creative marketing videos and photos to real estate brokers wishing to make available the l atest marketing technology to their clients.

Additionally, use of the Yuneec Q500+ UAS will decr ease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Pro-Check Home Inspections proposed operation of the Yuneec Q 500+ UAS will be realized without implicating any privacy issues.13

1. The Public Will Benefit From Decreased Congestio n Of The NAS.

The Yuneec Q500+ UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally ut ilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Yuneec Q500+ UAS would reduce the amount of ma nned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety o f life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircr aft operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. The Yuneec Q500+ UAS do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video and photography missions wo uld result in fewer aircraft that must be handled by air traffic control during the ground, t akeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Effi ciency Of The Yuneec Q500+ UAS.

Conducting aerial acquisitions with the Yuneec Q500 + UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photograp hy flight operations. By using battery power and electric motors, the Yuneec Q500+ UAS produce n o air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial vid eo and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The Yuneec Q500+ UAS, while reducing the carbon footprint of aerial acquisitions, also elimi nates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the Yuneec Q500+ UAS to perform aerial acq uisitions, the substantial risk to life and property in the air and on the ground, which is usu ally associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, t he Yuneec Q500+ UAS (weighing approximately 3.75 pounds at their maximum gross we ight with dimension of 16.5 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds wit h a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallo ns).

3. Performing Aerial Video and Photography Operatio ns With The Yuneec Q500+ UAS Will Benefit The Economy.

In addition to being safe and efficient, the Yuneec Q500+ UAS are also an economical alternative to using manned aircraft to conduct sim ilar aerial operations. As such, operation of the Yuneec Q500+ UAS will allow United States based companies, like Pro-Check Home Inspections, to remain competitive and contribute t o growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Envir onmental Protection Agency (“EPA”)14

regulatory actions phasing out leaded aviation fuel s, U.S. owned and operated companies must adopt new and alternative technology in order to re main competitive. Operating the battery powered Yuneec Q500+ UAS is one such technology tha t not only allows companies greater operational flexibility compared to manned aircraft , but provides such flexibility without the high operational cost of a traditional manned aircr aft.

By operating the Yuneec Q500+ UAS, companies such a s Pro-Check Home Inspections, can remain competitive and profitable, and therefore, p rovide greater job stability to employees and contractors, which will ultimately contribute to gr owth of the U.S. economy. Improved financial performance of U.S. companies, through commercial u se of the Yuneec Q500+ UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in researc h and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, Pro-Check Home Inspections proposed operation of th e Yuneec Q500+ UAS will not implicate any privacy issues. Specifically, the Yuneec Q500+ UAS will be operated only in compliance with operating documents (i.e., Pro-Check Home Insp ections Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Q500+ Instruct ion Manual) which requires property

owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §

91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety A t Least Equal To That Provided By The Rule From Which Pro-Check Home Inspections S eeks Exemption.

1. Reasons Why The Yuneec Q500+ UAS Meet The Condit ions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Pro-Check Home Inspection's operation of the Yuneec Q500+ UAS meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, S ubpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS wi ll create a hazard to users of the NAS or the public, or otherwise pose a threat to national secu rity. Specifically, FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirem ent of this subtitle, and not later than 180 days after the date of enactment of this A ct, the Secretary of Transportation shall determine if certain unmanned aircraft system s may operate safely in the15 national airspace system before completion of the p lan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In ma king the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if an y, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or po se a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned air craft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secret ary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Pro-Check Home Inspectio ns submits that the Yuneec Q500+ UAS can operate safely in the NAS pursuant to FMRA Sect ion 333, as demonstrated by: (a) the characteristics of the Yuneec Q500+ UAS; (b) the pi lot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Yuneec Q500+ UAS Demon strate Its Safe Characteristics.

The Yuneec Q500+ UAS does not create a hazard to us ers of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The Yuneec Q500+ UAS

. The technical specifications of the Yuneec Q500+ UA S are set forth by the Yuneec Q500+ User Manual, attached hereto as Appendix A.

ii. The Yuneec Q500+ UAS Global Positioning Modes E nable The UAS To Remain Within A Defined Operational Area.

The Yuneec Q500+ UAS may be operated in both manual and global positioning flight modes. A complete description of the flight and navigational modes of the Yuneec Q500+ UAS is provided at pages 13-17 of the Yuneec Q 500+ User Manual att ached hereto as Appendix A.

iii. The Yuneec Q500+ UAS Are Designed For Automati c Return To Home Point Or
Hover In The Event Of Loss Of The Control Link Or N avigation.

When the Control Link is lost, the Yuneec Q500+ UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the Yuneec Q5 00+ UAS does not reacquire control link data16

from the GCS, the UAS will assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will de scend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the Yuneec Q500+ UAS are set forth at pages 17-18 of the Yuneec Q500+ User Manual, attac hed hereto as Appendix A.

iv. The Yuneec Q500+ GCS And Its Operation.

A complete description of the operation and specifi cations of the Yuneec Q500+ GCS and flight control software is provided at pages 11-18 of the Yuneec Q500+ User Manual. Yuneec Q500+ User Manual is attached hereto as Appendix A.

b. Flight Operations Of Yuneec Q500+ UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observe r.

Pro-Check Home Inspections owner (Jay Birkholz) wil l be the only persons to act as a pilot in command (PIC) of the Yuneec Q500+ UAS. Additionally , a safety observer will assist him at all times during flight time.

c. Flights Of Yuneec Q500+ UAS Will Be Conducted Pu rsuant To Specific Operating
Limitations.

In seeking this exemption, Pro-Check Home Inspectio ns proposes to commercially operate Yuneec Q500+ UAS for the special purpose of conduct ing aerial video and photography over certain areas of United States, pursuant to the fol lowing specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, roto rcraft UAS weighing less than 55 pounds maximum gross weight: Yuneec Q500+ Unmanned Aircraft Systems. Proposed operations of any other aircraft will requ ire a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limi ted to conducting operations for the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated a irspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no mor e than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All al titudes reported to ATC must be

in feet AGL.

5. The UAS must be operated within visual line of s ight (VLOS) of the PIC at all times. This requires the PIC to be able to use huma n vision unaided by any device other than corrective lenses, as specified on the P IC’s FAA-issued airman medical

certificate.17 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (S O). The SO may be used to satisfy the VLOS requirement as long as the PIC always main tains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designati on for the duration of the flight. The PIC must ensure that the SO can perform the functio ns prescribed in the operating

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based o bstacles/obstructions and is not permitted to operate the camera or other instrument s.

9. The operating documents and the grant of exempti on must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limit ations contained in the grant of exemption and the procedures outlined in the operat ing documents, the conditions and limitations contained in the grant of exemption tak e precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its op erating documents. It is the operator’s responsibility to track such revisions a nd present updated and revised documents to the Administrator upon request. The op erator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any upda te or revision would affect the basis upon which the FAA granted the exemption, the n the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updat es or revisions to the operating

documents.

10. Prior to each flight the PIC must inspect the U AS to ensure that it is in a condition for safe flight. If the inspection reveals a condit ion that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a cond ition for safe flight. The Ground Control Station must be included in the preflight i nspection. All maintenance and alterations must be properly documented in the airc raft records.

11. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight characteristics, e.g. replaceme nt of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alr eady covered in the relevant sections of the operating documents.18 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operating docu ments. Maintenance, inspection, alterations, and status of replacement/overhaul com ponent parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returnin g the UAS to service.

15. Each UAS operated under this exemption must com ply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered betwe en inspections.

17. The PIC must possess at least a private pilot c ertificate and at least a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maint aining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.5 1(b). Flights for the purposes of training the operator’s PICs are permitted under th e terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experie nce-building flights, all persons not essential for flight operations are considered nonp articipants, and the PIC must operate the UA with appropriate distance from nonpa rticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during nigh t, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteo rological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not

authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical cha rt unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator ’s COA. The letter of agreement with the airport management must be made available to the Administrator
upon request.

21. The UA may not be operated less than 500 feet b elow or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC.19 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating ar ea and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight u nless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organiz ation (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting a ny operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in acc ordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the ex emption must be identified by serial number, registered in accordance with 14 C.F.R. par t 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequen cy spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight age ncy requirements.

28. The documents required fewer than 14 C.F.R. 91. 9 and 91.203 must be available

to the PIC at the Ground Control Station of the UAS any time the UAS is operating.

These documents must be made available to the Admin istrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons (persons other than the PIC, SO, operator t rainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain un der such protection. If a situation arises where nonparticipating persons lea ve such protection and are within 500 feet of the UA, flight operations must c ease immediately and/or;20 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the ris k of operating closer to those objects and determined that it does not prese nt an undue hazard, and;

c. Operations nearer to the PIC, SO, operator train ees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or author ized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation th at transgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Boar d (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements O f Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Pro-Check Home Inspections submits that the equival ent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the Yuneec Q500+ UAS unless that PIC has demonstrated, by meet ing minimum flight-hour and currency requirements, that the PIC is able to safely operat e the Yuneec Q500+ UAS in a manner consistent with the exemption, including evasive an d emergency maneuvers and maintaining appropriate distances from people, vessels, vehicle s and structures.

Considering Pro-Check Home Inspections proposed are a of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requireme nts (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Y uneec Q500+ UAS, Pro-Check Home Inspections submits that the additional manned airm anship experience of a commercially certificated pilot would not correlate to the airma nship skills necessary for Pro-Check Home Inspections specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11 109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Pro-Check Home Inspections will not allow any PIC t o operate the Yuneec Q500+ UAS unless that PIC has demonstrated, by meeting minimum fligh t-hour requirements or the Yuneec Q500+ UAS training and currency requirements, that the PI C is able to safely operate the Yuneec21

Q500+ UAS in a manner consistent with this exemptio n, including evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and log ged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraf t pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and mo del of UAS to be used for operations under the exemption). In addition to the hour requirement s, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency pur poses).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Pro-Check Home Inspections proposed operatio ns. The Administrator has held that prior documented flight experience that was obtained in c ompliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar opera tions), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.5 1(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours lo gged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UA S pilot operating the same make and model of UAS to be used for operations under th e exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of U AS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeof fs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petition er’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requireme nt. Training, proficiency, and experience-building flights can also be conducted u nder the grant of exemption to accomplish the required flight time. During trainin g, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance
with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Pro-Check Home Inspections will ensure safe operations by not allowing any PIC to operate the Yuneec Q500+ UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the Yuneec Q500+ UAS in a manner consistent with the exemption, incl uding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.22

3. Reasons Why An Exemption From The Requirements O f Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.7(a) will be maintained because prior to every flight, Pro-Check Home Inspections will ensur e that the Yuneec Q500+ UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as

stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11 109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements O f Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Secti on 91.121 will be maintained because the altitude information of the Yuneec Q500+ UAS will b e provided to the PIC via GPS equipment and a radio communications telemetry data link, whi ch downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with ProCheck Home Inspections operation of the Yuneec Q500 + UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety e quivalent to Section 91.121. The altitude information will be generated by GPS equipment inst alled onboard the aircraft. Prior to each flight, a zero altitude initiation point is automat ically established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11 136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements O f Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Yuneec Q500+ UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Pro-Check Home Inspections will ensure that it will safely operate the battery powered Yuneec Q500+ UAS during daylight ho urs in VFR conditions, with enough battery power to fly for a total duration of 23 min utes.

Here, as in Exemption No. 11109, the technical spec ifications of the Yuneec Q500+ UAS; the limitations on the proposed flight operations; and the location of the proposed operations, will23

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Yuneec Q500+ UAS prov ide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery vol tage, the first warning occurring at approximately 33% remaining battery power, and agai n at approximately 10% remaining battery power. At the critically low battery level, the Yun eec Q500+ UAS will descend and land automatically.

Significantly, previous exemptions granted by the F AA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for man ned aircraft to operate at less than the minimums prescribed in Section 91.151, including Ex emption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief fro m Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 110 65, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11 159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements O f Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Pro-Check Home Inspectio ns submits that the equivalent level of safety with regard to the regulatory maintenance an d alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b) will be met because Pro-Check Home Inspections will use trained technic ians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods , techniques, and practices prescribed in the operating documents (i.e., Pro-Check Home Inspe ctions Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Q500+ Instruction Manua l). Furthermore, Pro-Check Home Inspections will document and maintain all maintena nce records for the Yuneec Q500+ UAS.

Since the Yuneec Q500+ UAS will be inspected as pre scribed by the operating documents, ProCheck Home Inspections will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy o f the Yuneec Q500+ User Manuals are attached hereto as Appendix A.

Likewise, the exemption sought will not adversely a ffect safety because Pro-Check Home Inspections will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, technique s, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because a ll maintenance of the Yuneec Q500+ UAS will be performed by trained technicians. Maintenan ce will be documented and maintained utilizing the monthly maintenance log.24

Significantly, previous exemptions granted by the F AA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and ope rating limitations of the UAS are considered.

In consideration of Pro-Check Home Inspection's pro posed operating limitations, the operating documents, and the technical aspects of the Yuneec Q500+ UAS, PRO-CHECK HOME INSPECTIONS submits that safety will not be adverse ly affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS i n circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11 150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For S afe Operation.

In accordance with Section 333 of the FAA Moderniza tion and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Pro-Check Home Inspections requests that the FAA prescribe special conditions for the intended o peration of the Yuneec Q500+ UAS, which contain such safety standards that the Administrato r finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21 , Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1 ), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certai n areas of the United States for compensation or hire. FMRA Section 333 sets forth t he 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; and further, provides the authority for s uch UAS to operate without airworthiness certification in accordance with any requirements t hat must be established for the safe operation

of the UAS in the NAS.

Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.16, for operation of the Yuneec Q500+ UAS, sin ce the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropria te safety standards, due to the novel or unusual design features of the aircraft. Section 21 .16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments the reto for the product. The special

conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or prop eller as the FAA finds necessary to establish a level of safety equivalent to that esta blished in the regulations.

See 14 C.F.R. § 21.16.25

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s int ended operation of the Yuneec Q500+ UAS, which contain such safety standards that the Admini strator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Pro-Check Home Inspections Seeks E xemption:

Pro-Check Home Inspections seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Pro-Check Home Inspections Seeks:

This exemption will permit Pro-Check Home Inspectio ns to commercially operate an Unmanned Aircraft System (UAS) for the purpose of c onducting aerial video and photography over certain areas of the United States

. • Any Additional Information, Views, Or Arguments Available To Support PRO-CHECK Home Inspection's Request.

This Petition is made pursuant to the FAA Moderniza tion and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Pro-Check H ome Inspection's request for exemption may be granted pursuant to the authority of FMRA Se ction 333 and 14 C.F.R. Part 11, as set

forth above.

FMRA Section 333 sets forth the requirements for co nsidering whether a UAS will create a hazard to users of the NAS or the public, or otherw ise pose a threat to national security; and further, provides the authority for such UAS to ope rate without airworthiness certification.

As discussed in detail above, Pro-Check Home Inspec tions will operate the Yuneec Q500+ UAS safely in the NAS, without creating a hazard to use rs of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Pro-Check Home Inspections see ks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the Yuneec Q500+UAS commer cially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, th e FAA Administrator will be fulfilling the26

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing PRO-CHECK HOME INSPECTIONS to safely, efficiently, and economically operate the Y uneec Q500+ UAS commercially within the

NAS.

WHEREFORE , in accordance with the Federal Aviation Regulatio ns and the FAA Modernization and Reform Act of 2012, Section 333, Pro-Check Home Inspections respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91 .151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and per mit Leading Edge to operate the Yuneec Q500+ UAS commercially for the purpose of conducti ng aerial video and photography over

certain areas of the United States.

Dated: July 6, 2015

Respectfully submitted,

Jay Birkholz

President Pro-Check Home Inspections 2210 Ptarmigan Lane Colorado Springs, CO

719 375 3100 jay@pro-checkinspections.com

Appendices :

A – Link to Yuneec Q500+ Manual: Click on link be low

http://yuneec.com/download/TyphoonQ500PUserManualV1 .pdf



### Jay R Birkholz