1

March 10, 2016

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

RE: REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 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 TYPHOON Q500 4K UNMANNED AIRCRAFT
SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Russell B. Lombard Principal Broadstream Development, LLC

1304 SW 58 th Avenue Portland, OR 97221

720-256-3495 russ.lombard@broadstreamdev.com2 

## TABLE OF CONTENTS

CONTENTS

TABLE OF CONTENTS ...................................................................................................................................... 2

GLOSSARY OF ABBREVIATIONS .................................................................................................................. 4

SUMMARY .......................................................................................................................................................... 5

INTRODUCTION AND INTERESTS OF THE PETITIONER .......................................................................... 5

BACKGROUND .................................................................................................................................................. 5

Unmanned Aircraft Systems: Yuneec Typhoon Q500 4K, UAS...................................................................... 5

BASIS FOR PETITION ....................................................................................................................................... 7

A. Name And Address Of The Petitioner. ............................................................................................................ 8

B. The Specific Sections Of 14 C.F.R. From Which BROADSTREAM DEVELOPMENT Seeks Exemption. . 8

1. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Section 61.113(a) And (b). ............................................................................................................................................................. 8

2. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Section 91.7(a). ...... 9

3. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Section 91.121. ...... 9

4. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Section 91.151(b). . 9

5. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirement Of Section 91.405(a). ... 9

6. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Section 91.407(a)(1)

........................................................................................................................................................................ 10

7. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). ...................................................................................................................... 10

8. BROADSTREAM DEVELOPMENT Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). ................................................................................................................................................ 10

C. The Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM

DEVELOPMENT Seeks The Relief. .................................................................................................................. 12

1. Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM DEVELOPMENT Seeks Relief From Section 61.113(a) And (b). ................................................................ 12

2. Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM DEVELOPMENT Seeks Relief From Section 91.7(a). .................................................................................. 12

3. Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM

DEVELOPMENT Seeks Relief From Section 91.121. .................................................................................. 13

4. Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM DEVELOPMENT Seeks Relief From Section 91.151(b). .............................................................................. 13

5. Extent Of Relief BROADSTREAM DEVELOPMENT Seeks And The Reason BROADSTREAM DEVELOPMENT Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). .............................................................................................................................................. 14

D. The Reasons Why Granting BROADSTREAM DEVELOPMENT’S Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. ..................................................................... 153

1. Performing Initial Assessments On Structures Greater Than Two Stories With The Yuneec Typhoon Q500 4K Will Avoid Heavy Machinery In Commercial Areas. ..................................................................... 15

2. The Public Will Benefit From Access To Safe, Timely Information About Real Property From The Yuneec Typhoon Q500 4K. ............................................................................................................................ 15

3. Performing Aerial Video and Photography Operations With The Yuneec Typhoon Q500 4K Will Benefit The Economy. ................................................................................................................................................. 15

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which BROADSTREAM DEVELOPMENT Seeks Exemption. .................................................................................. 17

1. Reasons Why The Yuneec Typhoon Q500 4K Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333. .................................................................................................... 17

a. The Specifications Of The Yuneec Typhoon Q500 4K Demonstrates Its Safe Characteristics. ....... 18

i. Technical Specifications Of The Yuneec Typhoon Q500 4K. ............................................. 18

ii. The Yuneec Typhoon Q500 4K Global Positioning Features Keep The UAS Within A Defined Operational Area. ....................................................................................................... 18

iii. The Yuneec Typhoon Q500 4K Is Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or PIC Navigation. ................................. 18

iv. The Yuneec Typhoon Q500 4K GCS And Its Operation. .................................................. 18

b. Flight Operations Of Yuneec Typhoon Q500 4K Is Limited To The Line Of Sight Of A Certificated

Pilot in Command. ................................................................................................................................ 19

c. Flights Of Yuneec Typhoon Q500 4K Will Be Conducted Pursuant To Specific Operating

Limitations. ........................................................................................................................................... 19

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. ................................................................................................................................ 23

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. ............................................................................................................................................................. 24

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. ............................................................................................................................................................. 25

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. ............................................................................................................................................................. 25

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. ............................................................. 26

7. The FAA May Prescribe Any Other Conditions For Safe Operation. ........................................................ 27

CONCLUSION ................................................................................................................................................... 29

APPENDICES .................................................................................................................................................... 304 

## 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 2012 (FMRA) SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site VMC Visual Meteorological Conditions

VO Visual Observer VTOL Vertical Takeoff and Landing5 

## SUMMARY

BROADSTREAM DEVELOPMENT, LLC, an Oregon-headquartered limited liability company, hereafter referred to as BROADSTREAM DEVELOPMENT, seeks exemption from the requirements of 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 Typhoon Q500 4K) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit BROADSTREAM DEVELOPMENT to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography assessments of our clients’ real property.



## INTRODUCTION AND INTERESTS OF THE PETITIONER

BROADSTREAM DEVELOPMENT provides its clients throughout the Denver Metro area with expertise and services in commercial and residential replacement of shingle and flat roofs. While BROADSTREAM DEVELOPMENT has implemented a robust safety program that meets or exceeds OSHA standards, roofing assessors face inherent safety risks when they climb ladders, stand on roof pitches, and walk on elevations greater than 10 feet from the ground.

To offset these risks and obtain accurate roof measurements, BROADSTREAM DEVELOPMENT utilizes aerial imaging services, such as EagleView. However, these reports cannot provide reliable information about penetrations, such as the type and number of roof vents. Collecting this information through high-definition photographs and video using a Yuneec Typhoon Q500 4K would allow BROADSTREAM DEVELOPMENT to meet our business needs safely and efficiently.

Aerial photographs and video assets will not replace hands-on assessments by our trained roofing professionals, however, information from high-resolution aerial images will reduce the overall amount of time required by our personnel on a roof, reduce distractions during roof assessments, such as writing notes or taking photos with a hand-held camera, and avoid the need for redundant on-roof visits to investigate discrepancies between reports.

Members of our staff have safely flown a Yuneec Q500 4K for recreational purposes, without incident. We would use their skills and background to operate our UAS for commercial purposes, in providing clients with roof replacement services.



## BACKGROUND

UNMANNED AIRCRAFT SYSTEMS: YUNEEC TYPHOON Q500 4K BROADSTREAM DEVELOPMENT seeks an exemption to operate Yuneec Typhoon Q500 4K system for compensation or hire within the NAS. The Yuneec Typhoon Q500 4K is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with ST10+ Smart Transmission Ground Control Station (GCS) featuring real-time telemetry data and streaming video during flight. The Yuneec Typhoon Q500 4K has a maximum gross weight of approximately 3.75 lb. while having a diagonal dimension of 20”, a maximum speed of approximately 15 mpg and a maximum flying height of6

400 ft. The Yuneec Typhoon Q500 4K is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The Yuneec Typhoon Q500 4K that will be operated by BROADSTREAM DEVELOPMENT 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

.7 

## BASIS FOR PETITION

Petitioner, BROADSTREAM DEVELOPMENT, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the Yuneec Typhoon Q500 4K in the National Airspace System (NAS), and for an exemption from the requirements of 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 limited operating area associated with the unmanned aircraft and its operation, BROADSTREAM DEVELOPMENT operation of Yuneec Typhoon Q500 4K meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, BROADSTREAM DEVELOPMENT requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

BROADSTREAM DEVELOPMENT submits that the requested relief is proper since an equivalent level of safety will be ensured. BROADSTREAM DEVELOPMENT will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Yuneec Typhoon Q500 4K Instruction Manual). Furthermore, BROADSTREAM DEVELOPMENT will document and maintain all maintenance records for the Yuneec Typhoon Q500 4K.

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

limitations: Pilot in command , is requested by BROADSTREAM DEVELOPMENT to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, aswell as an airman medical certificate, and who has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the Yuneec Typhoon Q500 4K in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

BROADSTREAM DEVELOPMENT seeks relief from Section 91.7(a), entitled Civil aircraft

airworthiness , because the Yuneec Typhoon Q500 4K does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, BROADSTREAM DEVELOPMENT submits that they will ensure that the Yuneec Typhoon Q500 4K is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and Yuneec Typhoon Q500 4K Instruction Manual), and that the aircraft is in a condition for safe flight.

BROADSTREAM DEVELOPMENT also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the Yuneec Typhoon Q500 4K will not have a typical barometric altimeter onboard. However, real-time altitude information of the Yuneec Typhoon Q500 4K will be provided to the PIC via Global Positioning System (GPS) equipment for active8

monitoring of the flight path. The Yuneec Typhoon Q500 4K features the FAA-compliant No Fly

Zone technology, which prevents flights near commercial airports, prevents flights above 400 feet from the ground, establishes a 26 ft (8m) diameter around the PIC when taking off and landing, and prevents the UAS from traveling farther than 300 ft (91 m) from the PIC’s position. This altitude and positioning information, combined with BROADSTREAM DEVELOPMENT’S operation of the Yuneec Typhoon Q500 4K UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, BROADSTREAM DEVELOPMENT seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . BROADSTREAM DEVELOPMENT submits that safety will not be affected by operation of the Yuneec Typhoon Q500 4K UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 25 minutes. Battery power indicators are also able to show exactly how much battery power 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, BROADSTREAM DEVELOPMENT provides the following information in support of its petition for exemption:



## A. NAME AND ADDRESS OF THE PETITIONER.

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

Broadstream Development, LLC Russell Lombard, Principal

1304 SW 58 th Avenue Portland, OR 97221

720-256-3495 russ.lombard@broadstreamdev.com



## B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH
BROADSTREAM DEVELOPMENT SEEKS EXEMPTION.

1. BROADSTREAM DEVELOPMENT SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 61.113(A) AND (B). Section 61.113, entitled Private pilot privileges and 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.9

(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 property for compensation or hire.



### 2. BROADSTREAM DEVELOPMENT 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 it is in an airworthy condition.



### 3. BROADSTREAM DEVELOPMENT SEEKS EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain 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 station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting 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 setting available before departure.



### 4. BROADSTREAM DEVELOPMENT 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 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.



### 5. BROADSTREAM DEVELOPMENT 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—10

(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[.]



### 6. BROADSTREAM DEVELOPMENT 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 undergone 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. BROADSTREAM DEVELOPMENT 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 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.



### 8. BROADSTREAM DEVELOPMENT 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 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 other 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 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.11

(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 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 action, the time and date when the next action is required.

(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 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 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.12 

## C. THE EXTENT OF RELIEF BROADSTREAM
DEVELOPMENT SEEKS AND THE REASON
BROADSTREAM DEVELOPMENT SEEKS THE RELIEF.

1. EXTENT OF RELIEF BROADSTREAM DEVELOPMENT SEEKS AND THE
REASON BROADSTREAM DEVELOPMENT 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 PIC holding a private pilot or higher levelcertificate, as well as a current and valid airman medical certificate, and who has met certain flighthour and currency requirements, to conduct 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 incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, BROADSTREAM DEVELOPMENT submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the Yuneec Typhoon Q500 4K unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate the Yuneec Typhoon Q500 4K in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and

structures.

Further, BROADSTREAM DEVELOPMENT submits that all flights of the Yuneec Typhoon Q500 4K conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to BROADSTREAM DEVELOPMENT’S business; and (2) will not carry passengers or property for compensation or hire.



### 2. EXTENT OF RELIEF BROADSTREAM DEVELOPMENT SEEKS AND THE
REASON BROADSTREAM DEVELOPMENT 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 BROADSTREAM DEVELOPMENT to determine that the Yuneec Typhoon Q500 4K is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., BROADSTREAM DEVELOPMENT Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Typhoon Q500 4K Instruction Manual).

BROADSTREAM DEVELOPMENT seeks the requested relief because the Yuneec Typhoon Q500 4K does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, BROADSTREAM DEVELOPMENT will ensure that the Yuneec Typhoon13

Q500 4K is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Yuneec Typhoon Q500 4K) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations

below.



### 3. EXTENT OF RELIEF BROADSTREAM DEVELOPMENT SEEKS AND THE
REASON BROADSTREAM DEVELOPMENT SEEKS RELIEF FROM
SECTION 91.121. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the Yuneec Typhoon Q500 4K, which utilizes GPS equipment to send real-time altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), BROADSTREAM DEVELOPMENT seeks the requested relief because the Yuneec Typhoon Q500 4K’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Yuneec Typhoon Q500 4K is equipped with GPS equipment, which automatically ensures that a ground level setting will be established prior to each flight, and provides the PIC with real-time altitude information of the aircraft on the display of the GCS.



### 4. EXTENT OF RELIEF BROADSTREAM DEVELOPMENT SEEKS AND THE
REASON BROADSTREAM DEVELOPMENT SEEKS RELIEF FROM SECTION 91.151(B). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery-powered Yuneec Typhoon Q500 4K during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration not to exceed 25 minutes. BROADSTREAM DEVELOPMENT seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Yuneec Typhoon Q500 4K will severely constrain the practicality of any aerial video or still photo flight operations that BROADSTREAM DEVELOPMENT proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Yuneec Typhoon Q500 4K, the Yuneec Typhoon Q500 4K operating documents, and BROADSTREAM DEVELOPMENT’S proposed operating limitations, ensure that BROADSTREAM DEVELOPMENT will safely operate the battery-powered Yuneec Typhoon Q500 4K during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 25 minutes.14 

### 5. EXTENT OF RELIEF BROADSTREAM DEVELOPMENT SEEKS AND THE
REASON BROADSTREAM DEVELOPMENT 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, BROADSTREAM DEVELOPMENT requests relief from these Sections because the Yuneec Typhoon Q500 4K does not require airworthiness certificates. As set forth more fully below, the Yuneec Typhoon Q500 4K meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, BROADSTREAM DEVELOPMENT will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the BROADSTREAM DEVELOPMENT Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Typhoon Q500 4K Instruction Manual). Furthermore, BROADSTREAM DEVELOPMENT will document and maintain all maintenance records for the Yuneec Typhoon Q500 4K.15 

## D. THE REASONS WHY GRANTING BROADSTREAM DEVELOPMENT’S REQUEST WOULD BE IN THE PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE
PUBLIC AS A WHOLE.

According to the Rocky Mountain Insurance Information Association (RMIIA), in the last 10 years, Colorado’s Front Range has experienced an average of 3 or 4 catastrophic hailstorms annually, and statewide, hailstorms have caused more than $3 billion in insured damage (see Appendix B). After major storms, whole neighborhoods and communities must assess their roofs for wind and/or hail damage. Property owners’ ability to receive timely and meaningful information about their roofs is a vital step to correcting deficiencies, avoiding additional property damage, and also avoiding unnecessary insurance claims.

Granting the present Petition will further the public interest by allowing BROADSTREAM DEVELOPMENT to use the Yuneec Typhoon Q500 4K to safely, efficiently, and economically perform aerial video and photography of residential and commercial properties for purposes of roof condition assessment and providing enhanced information to customers.



### 1. PERFORMING INITIAL ASSESSMENTS ON STRUCTURES GREATER THAN TWO STORIES WITH THE YUNEEC TYPHOON Q500 4K WILL
AVOID HEAVY MACHINERY IN COMMERCIAL AREAS. The public will benefit from BROADSTREAM DEVELOPMENT’S use of the Yuneec Typhoon Q500 4K for conducting initial assessments on commercial structures greater than two stories, instead of utilizing an aerial work platform (AWP) or mobile elevating work platform (MEWP), also known as “cherry pickers” and “scissor lifts.” Diesel-fueled or gas-powered AWPs/MEWPs create traffic congestion in roadways and parking areas during delivery and pickup, require temporary blockages and detours in pedestrian areas, and pose inherent safety hazards to operators, building inhabitants and bystanders. By using battery-power electric motors, the Yuneec Typhoon Q500 4K UAS produce no air pollution, do not interfere significantly with motorist or pedestrian traffic, and have far less potential for collateral damage to life and property compared to the heavy machines that typically conduct similar operations.



### 2. THE PUBLIC WILL BENEFIT FROM ACCESS TO SAFE, TIMELY
INFORMATION ABOUT REAL PROPERTY FROM THE YUNEEC TYPHOON Q500 4K. Aerial photos and videos captured by the Yuneec Typhoon Q500 4K allow property owners who contract with BROADSTREAM DEVELOPMENT to see their roofs in detail, without the safety risks associated with accessing their roof directly. This footage can be a new and valuable tool to help property owners gain a better understanding of the current condition of their roof, and make decisions about their property maintenance schedule that could minimize or avoid insurance claims that contribute to increasing premium rate trends that affect the public at large.16 

### 3. PERFORMING AERIAL VIDEO AND PHOTOGRAPHY OPERATIONS WITH THE YUNEEC TYPHOON Q500 4K WILL BENEFIT THE ECONOMY. By operating the safe and economical Yuneec Typhoon Q500 4K, companies such as BROADSTREAM DEVELOPMENT can remain competitive and profitable, and therefore, provide greater job stability to employees and sub-contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Yuneec Typhoon Q500 4K, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.17 

## E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY, OR HOW
THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO THAT PROVIDED BY THE
RULE FROM WHICH BROADSTREAM DEVELOPMENT
SEEKS EXEMPTION.

1. REASONS WHY THE YUNEEC TYPHOON Q500 4K MEETS THE
CONDITIONS OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (FMRA) SECTION 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, BROADSTREAM DEVELOPMENT’S operation of the Yuneec Typhoon Q500 4K meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

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

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan 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 making the determination under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, 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 pose 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 aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary 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.18

In seeking this exemption, BROADSTREAM DEVELOPMENT submits that the Yuneec Typhoon Q500 4K can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Yuneec Typhoon Q500 4K; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Yuneec Typhoon Q500 4K Demonstrate Its Safe

Characteristics.

The Yuneec Typhoon Q500 4K does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The Yuneec Typhoon Q500 4K.

The technical specifications of the Yuneec Typhoon Q500 4K are set forth by the Yuneec Typhoon Q500 4K User Manual, attached hereto as Appendix A.

ii. The Yuneec Typhoon Q500 4K Global Positioning Features Keep The UAS Within A Defined Operational Area.

The Yuneec Typhoon Q500 4K features the FAA-compliant No Fly Zone feature that prevents flights near commercial airports, prevents flights above 400 feet, establishes a 26 ft (8 m) diameter circle around the PIC when taking off and landing, and creates a “Geo-Fence” that keeps the aircraft from traveling farther than 300 ft (91 m) from the PIC’s position.

A complete description of the Geo-Fence feature of the Yuneec Typhoon Q500 4K UAS are set forth on page 16 of the Yuneec Typhoon Q500 4K User Manual, attached hereto as Appendix A.

iii. The Yuneec Typhoon Q500 4K Is Designed For Automatic Return To Home Point In The Event Of Loss Of The Control Link Or PIC Navigation.

When the Control Link is lost, the Yuneec Typhoon Q500 4K automatically activates “Return to Home Mode” (i.e., failsafe mode) via GPS and lands within 13-26 ft (4-8 m) of the pilot.

A complete description of the Home Mode of the Yuneec Typhoon Q500 4K UAS are set forth on page 17 of the Yuneec Typhoon Q500 4K User Manual, attached hereto as Appendix A.

iv. The Yuneec Typhoon Q500 4K GCS And Its Operation.

A complete description of the operation and specifications of the Yuneec Typhoon Q500 4K GCS and flight control software is provided at pages 11 through 20 of the Yuneec Typhoon Q500 4K User Manual. Yuneec Typhoon Q500 4K User Manual is attached hereto as Appendix A.19

b. Flight Operations Of The Yuneec Typhoon Q500 4K Is Limited To The Line Of Sight

Of A Certificated Pilot in Command.

Authorized BROADSTREAM DEVELOPMENT aerial assessment staff will be the only persons to act as a pilot in command (PIC) of the Yuneec Typhoon Q500 4K.

c. Flights Of Yuneec Typhoon Q500 4K Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, BROADSTREAM DEVELOPMENT proposes to commercially operate Yuneec Typhoon Q500 4K for the special purpose of conducting aerial video and photography assessments of the real property of our clients, pursuant to the following specific operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: Yuneec Typhoon Q500 4K Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

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

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

4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents.

5. The UAS must 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.

6. The use of first person view (FPV) by the PIC or visual observer (VO) is not permitted.

7. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 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 designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

8. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the20

procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take 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 operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator 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 update or revision would affect the basis upon which the FAA granted the exemption, then 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 updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition 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 condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement 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 already covered in the relevant sections of the operating documents.

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, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply 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 between inspections.

17. Prior to any flight, the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS, must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same21

make and model of UAS to be used for operations under the exemption, and has demonstrated that the PIC is able to safely operate the Yuneec Typhoon Q500 4K in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

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 maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological 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 chart 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 below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents.

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

24. The PIC is prohibited from beginning a flight unless (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 Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any 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 the22

operation. All operations shall be conducted in accordance 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 exemption must be identified by serialnumber, registered in accordance with 14 C.F.R. part 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 frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency 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 Administrator 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 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, VO, operator trainees 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 authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight

to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported23

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.



### 2. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 61.113(A) AND (B) WOULD NOT ADVERSELY AFFECT SAFETY. BROADSTREAM DEVELOPMENT submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the Yuneec Typhoon Q500 4K unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the Yuneec Typhoon Q500 4K in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Considering BROADSTREAM DEVELOPMENT’S proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Yuneec Typhoon Q500 4K, BROADSTREAM DEVELOPMENT submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for BROADSTREAM DEVELOPMENT’S 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, 11109, 11112, 11213, 12645, and 13469).

The BROADSTREAM DEVELOPMENT will not allow any PIC to operate the Yuneec Typhoon Q500 4K UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the Yuneec Typhoon Q500 4K UAS training and currency requirements, that the PIC is able to safely operate the Yuneec Typhoon Q500 4K UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

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 BROADSTREAM DEVELOPMENT’S proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:24

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged 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 UAS pilot operating the same make and model of UAS to be used for operations under the 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 UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 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 petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, 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, BROADSTREAM DEVELOPMENT will ensure safe operations by not allowing any PIC to operate the Yuneec Typhoon Q500 4K UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the Yuneec Typhoon Q500 4K UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.



### 3. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.7(A) WOULD NOT ADVERSELY AFFECT SAFETY. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, BROADSTREAM DEVELOPMENT will ensure that the Yuneec Typhoon Q500 4K 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, 11109, 11110, 11112, 11136, and 12645).25 

### 4. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF
SECTION 91.121 WOULD NOT ADVERSELY AFFECT SAFETY. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information of the Yuneec Typhoon Q500 4K will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with BROADSTREAM DEVELOPMENT’S operation of the Yuneec Typhoon Q500 4K UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 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 presented herein (e.g. Exemption Nos. 11062, 11109, 11110, 11112, 11136, and 12645).



### 5. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.151(B) WOULD NOT ADVERSELY AFFECT SAFETY. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Yuneec Typhoon Q500 4K; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, BROADSTREAM DEVELOPMENT will ensure that it will safely operate the battery powered Yuneec Typhoon Q500 4K during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 25 minutes.

Here, as in Exemption Nos. 11438, 11618, and 11734, the technical specifications of the Yuneec Typhoon Q500 4K; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Yuneec Typhoon Q500 4K provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the Yuneec Typhoon Q500 4K UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA 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 manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11109, 11110, 11112, 11136, and 12645).26 

### 6. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF 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, BROADSTREAM DEVELOPMENT submits that the equivalent level of safety with regard to the regulatory maintenance and 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 BROADSTREAM DEVELOPMENT will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., BROADSTREAM DEVELOPMENT Aerial Operations Manual, Monthly Maintenance Log, and Yuneec Typhoon Q500 4K Instruction Manual). Furthermore, BROADSTREAM DEVELOPMENT will document and maintain all maintenance records for the Yuneec Typhoon Q500 4K.

Since the Yuneec Typhoon Q500 4K will be inspected as prescribed by the operating documents, BROADSTREAM DEVELOPMENT will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A link to the Yuneec Typhoon Q500 4K User Manuals is attached hereto as Appendix A.

Likewise, the exemption sought will not adversely affect safety because BROADSTREAM DEVELOPMENT will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, 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 all maintenance of the Yuneec Typhoon Q500 4K will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA 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 operating limitations of the UAS are considered.

In consideration of BROADSTREAM DEVELOPMENT’S proposed operating limitations, the operating documents, and the technical aspects of the Yuneec Typhoon Q500 4K, BROADSTREAM DEVELOPMENT submits that safety will not be adversely 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 in 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, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).27 

### 7. THE FAA MAY PRESCRIBE ANY OTHER CONDITIONS FOR SAFE
OPERATION. In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, BROADSTREAM DEVELOPMENT requests that the FAA prescribe special conditions for the intended operation of the Yuneec Typhoon Q500 4K, which contain such safety standards that the Administrator 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 certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the 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 such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in

the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the Yuneec Typhoon Q500 4K, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 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 aircraft, 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 thereto 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 propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for BROADSTREAM DEVELOPMENT’S intended operation of the Yuneec Typhoon Q500 4K, which contain such safety standards that the Administrator 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 BROADSTREAM DEVELOPMENT Seeks Exemption:

BROADSTREAM DEVELOPMENT 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).28

 A Brief Description Of The Nature Of The Exemption BROADSTREAM

DEVELOPMENT Seeks:

This exemption will permit BROADSTREAM DEVELOPMENT to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography assessments of our clients’ real property.

• Any Additional Information, Views, Or Arguments Available To Support

BROADSTREAM DEVELOPMENT’S Request.

This Petition is made pursuant to the FAA Modernization 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, BROADSTREAM DEVELOPMENT’S request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11,

as set forth above.

FMRA Section 333 sets forth the 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 such UAS to operate without airworthiness certification.

As discussed in detail above, BROADSTREAM DEVELOPMENT will operate the Yuneec Typhoon Q500 4K safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.29 

## CONCLUSION

As set forth herein, BROADSTREAM DEVELOPMENT seeks 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 Typhoon Q500 4K commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography assessments of our clients’ real property. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing BROADSTREAM DEVELOPMENT to safely, efficiently, and economically operate the Yuneec Typhoon Q500 4K UAS commercially

within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, BROADSTREAM DEVELOPMENT 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 permit BROADSTREAM DEVELOPMENT to operate the Yuneec Typhoon Q500 4K commercially for the purpose of conducting aerial video and photography assessments of our clients’ real property.

Dated: March 10, 2016

Respectfully submitted,

Russell B. Lombard Principal Broadstream Development, LLC

1304 SW 58 th Avenue Portland, OR 97221

720-256-3495 russ.lombard@broadstreamdev.com30 

## APPENDICES

A – Link to Yuneec Typhoon Q500 4K Manual: Click on link below

https://www.yuneec.com/download/manuals/q500_4k_user_manual.pdf

B – Colorado Hail Statistics from RMIIA

http://www.rmiia.org/catastrophes_and_statistics/Hail.asp