1

9 January 2016 Allyson Yarbrough, PhD 26821 Grayslake Road Rancho Palos Verdes, CA 90275 allyson@yarbroughassociates.com 310

- 594

- 9841 (mobile)
US Department of Transportation Document Management Facility We st Building Ground Floor Room W1 2

- 140 1200 New Jersey Ave., SE Wa shington, DC 20590 Subject: Petition of Yarbrough Associates S eeking Exemption from the Requirements of Title 14 of the Code of Federal Regulation, Pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012 (Public Law 112

- 95) Dear Sir/Ma’am: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform Act”) and 14 CFR Part 11, Yarbrough Associates hereby respectfully requests exemption from the Federal Aviation Regulations (“FARs”) identified below to allow commercial operation of small unmanned aerial/autonomous systems (“UAS”) for the purposes of conducting STEAM (science, technology, engineering, arts, mathematics) K

- 12 (grades K indergarten

- 12 ) and adult education programs. Yarbrough Associates requests relief from the following regulations

A. 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203 B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.2 7(a): Aircraft Marking and Identification Requirements F. 14 C.F.R. § 91.103: Preflight Action G. 14 C.F.R. § 91.109(a): Flight Instruction H. 14 C.F.R. § 91.119: Minimum Safe Altitudes I. 14 C.F.R. § 91.121: Altimeter Settings J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2); 91.417(a) and (b): Maintenance Inspections L. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations2

The FAA has approved similar exemptions in the recent past. Our circumstances and conditions are consistent with and similar in all material respects to those in the Grant of Exemptions No. 11062 to Astraeus Aerial (Docket No.FAA−2014−0352), 11109 to Clayco, In c. (Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA−2014−0642), 11304 to Auburn University Aviation Center (Docket No. FAA

-2014

- 1014), 11562 to Air

- Mods Flight Training Center, Inc . (Docket No. FAA

-2015

- 0410) and 11795 to Adam Wi nkle (Docket No. FAA

-2015

- 0440). Please see details supporting our Exemption Request below. **I. Description of Petitioning Entity**  Yarbrough Associates , a purpose - and mission

- driven small business engaged in educational coaching and mentoring, delivers integrated STEAM (science, technology, engineering, arts, mathematics) expertise, guidance and support to students and education professionals, especially teachers, principals and superintendents, so that the y can better prepare students to compete in the 21 st century global marketplace. Yarbrough Associates uses Project Based Instruction and customized services to mentor educators on effective STEAM curriculum, accelerating adoption of the Common Core and Next Generation Science Standards , and college and career readiness. As minority female professionals in the engineering and education fields, Yarbrough Associates has a passion and exceptional skill for helping learners of all ages, especially those in underserved communities and members of under

represented groups, discover their unique abilities and realize their full potential

. Wefocus on preparing students to be competitive in the local, regional and global marketplace, including aviation, aerospace eng ineering and the channel industries that leverage them. Among these are real estate, general aerial surveying, g eneral aerial photography , art, geographic information systems, urban planning, a griculture , construction , u tility inspection , film and television, environmental uses, e m ergency management, and s earch and rescue

. Entry into these areas represent quality careers that enable members of underserved communities to encourage innovation, foster personal growth, create more options for their fam ilies and help drive economic development

. **II. Description of Proposed Use and Operation**  Our end goal is to prepare students for careers in the technical fields, the aerospace industry at large, and especially aviation and aerospace engineering. Yarbro ugh Associates has identified s mall unmanned aerial systems and associated data collection as ideally suited for STEAM instructio n and project based learning for K

- 12 and adult learners and educators. The requested Sect ion 333 exemption will enable us to combine STEAM curriculum with the concepts of systems engineering, critical thinking, teamwork, accountability , and business awareness in a compelling way that engages the educators and learners. W e include the FAA’s “ Know Before You Fly” guidance as a key feature of our curriculum to ensure students and educators fully appreciate the criticality and breadth of the responsibility associated with safely operating UASs in the National Air Space in full compliance with FAA reg ulations. Our aerial data collection may in clude remote sensing and measuring by an instrument abo ard the UAS such as i mag ery (photography, video or infrared) , electronic measurement, or chemical measu rement. In collaboration with and through the service s of duly certified pilots , we w ill use UAS operations to demonstrate and teach STEA M related subject m atter to students

. The UASs3

will provide educators and students with new geographic representations of their surroundings , leading to greater insight and awareness of the cohesion that binds neighborhoods into a community. The UASs will also make concepts of aviation and aerospace engineering come to life through the hands

- on educational interaction and experiences of our attached Project Base d Curriculum Plan. Wewill use the imagery collected during the flights to implement the “A” (Art) part of the STEAM curriculum , where educators and students produce digital renderings, photo montages and videos from their UAS

- collected data , for example. Granting this exemption would enable Yarbrough Associates to motivate and prepare K

- 12 and adult students , especially those in underserved communities, with expanded options for college and career readiness in the fields of aviation, aerospace engineeri ng and related technologies. This opportunity represents a viable means by which to keep students in school, equip educators with tools to inspire and develop student talent, assist administrators in enhancing teachers’ professional development successes, motivate students to pursue paths to fulfilling, well

- paying careers , foster community economic development, and enhance intellectual and person al potential. Yarbrough Asso ciates will regularly monitor the evolution of FAA UAS regulations and continuously update its curriculum to reflect new guidance, maintain compliance with FAA rules and incorporate best practices as UAS integration into the NAS proceeds. **III. Relevant Statutory**  **Au thority**  This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability

 Operation of the UAS in close proximity to airports and populated areas

 Operation of the UAS within the visual line of sight of the operator. Additionally, the FAA Administrator has general authority to grant exem ptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. **IV. Yarbrough A** 

**ssociates’ Proposed UA S Operations Meet Requirements of Section**  **333 of the Reform A ct**  Yarbro ugh Associates’ proposed operations qualify for expedited approval pursuant to Section 333 of the Reform Act , as each of the statutory criteria and relevant factors are satisfied. A. Approval is W arranted Based on the UAS's Size, W eight, Speed, and Operational Capability

– Description of Vehicles 1. Hubsan X44

2

. DJI Phantom 2 Vision
As part of its STEAM educational curriculum program, Yarbrough Associates plans to use the Hubsan X4 as an initial inexpensive trainer vehicle to introduce students to the physics of flight, safe and responsible use of UAVs and the requirements of “Know Before You Fly.” This micro UAS measures 2.7 x 2.7 x 1 in , with four motors powered by a 3.7 V, 380 mAH Li

Po battery. The UAS attains a maximum possible speed of 22 mph , weighs 0.4 lb and can fly for ~8 minutes . The four

- channel remote control / transmitter will utilize a frequency of 2.4 GHz. The UAS w ill not be flown at an altitude that exceeds 4 00 feet AGL. All flights will be flown in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. The Hubsan X4 small UAS does not carry any flammable propellant or fuel. This UAS trainer will primarily be used indoors to educate students in hands

- on safe, legal o perations until they demonstrate the competence and responsibility to train outdoors in a sterile, controlled environment within a tented or netted enclosure.

Wewill also use the DJI Phantom 2 Vision UAS with integrated camera for further training as students progress to more advanced STEAM curriculum modules , acquire increased flying skill, and demonstrate continued compliance with the “Know Before You Fly” and safety requirements

. The DJI Phantom Vision 2 measures 18 x 12 x 20 inches , with four motors powered by an 11.1 V, 5,200

- mAh Li

- Po battery. The UAS attains a maximum possible speed of 33.6 mph , weighs 2.6 lb and can fly for 20

-25 minutes. The remote control / transmitter will utilize a frequency of 5.728 GHz

- 5.8 GHz . The UAS will not be flown at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely terminated with a reserve battery power of 25% of the battery's maximum charge. The DJI Phantom 2 Vision UAS does not carry any flammable prope llant or fuel and has a built

- in “return home to safely land at pre

- determined location” function, should the co nnection to the remote control be lost or other unexpected event arises.
B. Approval is W arranted Based on the Operational Restrictions Set Forth in the Yarbrough Associates’ Flight Operations and Safety Manual The Yarbrough Associates’ Flight Operations and Safety Manual combined with the Manufacturer's Manuals contain all of the procedures and limitations necessary to successfully perform the operations specified in this Petition for Exemption. To assist the FAA in its safety assessment of the proposed operations, a summary of operational limitations and conditions is provide d below. These will ensure a level of safety equivalent to or higher than in operations conducted under current regulatory guidelines, namely: 1. The UAS weighs 3 pounds or less. 2. Flights will be operated within the visual

- line

- of sight of a pilot and an o bserver. 3. Maximum total flight time for each operational flight will be limited to 25% reserve battery power remaining. 4. Flights will be operated at an altitude of no more than 400 feet AGL and will not be conducted within navigable controlled airspace w ithout prior written authorization from the FAA.5

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, inhabited structures, vehicles or vessels that are not involved in the inspection unless permission has been received a nd appropriate waivers have been signed by the persons or property owners in advance. 6. Flights will be limited to a speed of 35 mph and vertical ascent will be limited to 15 mph. 7. The UAS will be operated and maintained in accordance with the requirements of the Manufacturer's Manuals and any manufacturer Safety Bulletins. 8. Prior to the operation, the flights will be fully preplanned and briefed, including possible contingencies and emergency procedures. 9. Wh ere required, Yarbrough Associates will file a Notice to Airman ("NOTAM") with an appropriate air traffic control ("ATC") facility between 72 a nd 48 hours before the flight. 10. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 11. If the UAS loses communication with the pilot while flying outdoors (and not within a tented or netted enclosure) , it will have the capability to return to the sterile area home launch locat ion or a pre

- determined safe abort location. If the UAS does not possesses such a capability, it will either be flown indoors only or with in a sterile, controlled, tented or netted enclosed space. 12. Contingency plans will be in place to safely terminate fli ght if there is a loss of communication between the pilot and the observer. 13. The PIC will have the capability to abort the UAS flight in the case of unpredicted obstacles or emergencies. 14. All UAS operators and observers will hold a Class III Medical Cert ificate or meet the intent of the FAA’s UAV Pilot Medical Fitness Standards at http://www.faa.gov/news/safety_briefing/2014/media/marapr2014.pdf and https://www.leftseat.com/pdffiles/Standards.pdf or hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the US Federal government. 15. All UAS operations will occur in daylight, Visual Flight Recognition ("VFR") conditions. IFR flights are prohibited and no flights will occur at night, or in adverse weather conditions. 16. The UAS s will be controlled by the Hubsan and Phantom 2 2.4GHz Remote Control System s and the radio frequency spectrum used for operation and control of the UAS s shall comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements. **V. Regulations F**  **rom Which Relief Is Sought** Yarbrough Associates seeks relief from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes of conducting the requested UAS operations

. T he specific sections of 14 C .F.R. for which relief is sought is provided below, along with the operating procedures and safeguards that Yarbrough Associates has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. **A.** 14 C.F.R. Part 21, Subpart H Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1) The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety w hen compared6

to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. Our circumstances and conditions are consistent with those in the Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352. If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested. Equivalent Level of S afety The UASs selected by Yarbrough Associates are safe when considering their size, weight, speed, and operational capability . As set forth in Section IV(B) above , the UAS weighs less than 3 pounds and will be flown at less than 35 mph an d completely ou tside controlled, navigable airspace. Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within the parameters stated in Yarbrough Associates’ Flight Operations an d Safety Manual and Project Based Instructional curriculum plan

. Operations conducted under this exemption will be very closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Wh ere required, Yarbrough Associates will also provide the FAA with advance notice of all operations via NOTAMS. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations. Further, the UAS does not need a means to communicate with other aircraft or Air Traffic Control , because those cap abilities will be pos sessed by the PIC and Observer, neither of which are onboard the UAS. Our circumstances and conditions are consistent with those in the Grant of Exemption, Docket FAA

-2014

- 0352. In addition, the UAS will be operated at all times in vis ual line

- of

-sight and in VFR conditions. **B.** 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent Yarbrough Associates’ UAS s would otherwise require certification under Part 27, Yarbrough Associates’ seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, above

. **C.** 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness Since there will be no airworthiness certificate issued for the UAS Yarbrough Associates intends to use, we seek an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or fou nd inapplicable. Our circumstances and conditions are consistent with those in the Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352. Therefore, Yarbrough Associates respectfully requests that the requirements for § 91.7(a) be trea ted in accordance with paragraph (A ) above. **D.** 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration7

Pursuant to 14 C.F.R. § 91.9(b)(2): (b) No person may o perate a U.S.

- registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual materi al, markings, and placards, or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworth iness certificate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it i s legible to passengers or crew

... Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is no space to accept the materials

. In addition, the UAS has no cabin or cockpit. Equivalent Level of Safety In August of 2014 , the FAA acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registratio n certificate, and other required documents from the ground control station from which he or she is operating the aircraft. According to the 2014 clarificatio n , the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved b y ensuring that the pilots participating in Yarbrough Associates’ programs have access to the documents at the ground control station from which he or she is piloting the UAS. **E.** 14 C.F.R. §§ 91. 9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Yarbrough Associates seeks relief from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter. 14 C.F.R. § 45.23(b), Markings of the Ai rcraft, states: W hen marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

-sport, "experimental," or "provisional," as applicable. 14 C.F.R. § 45.27( a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. In a previous Grant of Exemption FAA Docket No. FAA

-2014

- 0352 , the FA A determined that exemption from these requirements was warranted provided that the aircraft "have8

identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." Equivalent Level of Safety Yarbrough Associates will mark all UASs with their N

- Number on the fuselage. The markings will be made as large as practicable. **F.** 14 C.F.R. § 91.103: Preflight Action Yarbrough Associates seeks an exemption from 14 C.F.R. § 91.103, which requires a PI C to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. Wh ile the PIC will be familiar with all information necessary to safely conduct the flight and in co mpliance with all applicable FAA regulations , an exemption is requested to the extent that an FAA

- approved Flight Manual is required. Equivalent Level of Safety An equivalent level of safety will be provided by following the Yarbrough Associates’ Flight Operations and Safety Manual and the Manufacturer’ s Manuals. The PIC will perform a series of checks in accordance with Yarbrough Associates’ Flight Operations and Safety Manual , including checklists covering such topics as Pre

- Flight, Launch, Landing, Af ter Landing, an d Shut Down/Secure procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas before initiation of any flight. Yarbrough Associates’ Flight Operations and Safety Manual and the Manufacturer's Manuals will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS. **G.** 14 C.F.R. § 91.109(a): Flight Instruction Yarbrou gh Associates seeks an exemption from 14 C.F.R. § 91. 109(a), which provides that "N o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UAS s and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be requ ired for the flight instruction requirements of 14 C.F.R. § 91.109(a). Equivalent Level of Safety Given the size and speed of the UAS that Yarbrough Associates intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Yarbrough Associates’ Flight Operations and Safety Manual , all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, Yarbrough Associates will conduct training in a sterile, tightly controlled environment. The FAA has approved exemptions for flight training without fully functional dual controls for a number of UASs, such as those in the following Exemptions: Astraeus Aerial, Docket No. FAA

- 2014

- 0352. Exemptions No. 11062 to Astraeus Aerial (Docket No.FAA −2014−0352), 11109 to Clayco, Inc . (Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (Docket No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (Docket No. FAA−2014−0642), 11304 to Auburn University Aviation Center (Docket No. FAA

-2014

- 1014), 11562 to Air

- Mods Flight9

Training Center, Inc. (Docket No. FAA

-2015

- 0410) and 11795 to Adam Wi nkle (Docket No. FAA

-2015

- 0440). Since Yarbrough Associates’ circumstances and conditions are materially equivalent to those in the named examples, we request that our petition for Exemption be treated simil arly. **H.** 14 C.F.R. § 91.119: Minimum Safe Altitudes Yarbrough Associates requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operate d "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed UAS ope rations will need to occur below 400 feet AGL. Further, due to the nature of the proposed operations, the PIC, Observer(s), Instructor and/or Student may at times be less than 500 feet away from the UAS. Equivalent Level of Safety Compared to flight ope rations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UASs, any risk associa ted with these operations is significantly less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of t he UASs, as well as the controlled, sterile, uncluttered location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below. As set forth in Yarbrough Associates’ Flight Operations and Safety Manual , the UASs will be operated in tightly controlled areas free of clutter and hazards. These restrictions will ensure that the proposed UAS operations are performed in a manner that protects the safety of participants, non

- participants, the UAS and other property. This may include employing coverings, barriers or netted, enclosed areas or other measures. **I.** 14 C.F.R. § 91.121: Altimeter Settings Yarbrough Associates seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter . Instead the DJI Phantom Vision 2 UAS planne d for use possess es a GPS altitude read out. The Hubsan X4 in the Yarbrough Associates’ program, which does not possess such a GPS altitude readout, will only be flown indoors, or within a netted or tent enclosure outdoors. Equivalent Level of Safety Th e FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within visual line

- of

-sight, (3) where GPS based altitude info rmation is relayed in real time to the operator at a ground

- based on

-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. An example of such is the Grant of Exemption to Astraeus Aerial, Docket No. FAA

-2014

- 0352 at page 21.10

As the attached Yarbrough Associates Flight Operations and Safety Manual and Manufacturer's Manuals demonstrate, the DJI Phantom Vision 2 UASs we intend to use meet these requirements. Moreover, Yarbrough Associates’ Flight Operations and Safety Manual includes GPS compass calibration procedures that must be performed prior to each flight. As in the Astraeus Aerial, Adam Wi nkle and other petition s for exem ption, the UASs Yarbrough Associates intends to use, and the safety procedures contained in Ya rbrough Associates Flight Operations and Safety Manual , both ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requireme nts of Sect 191.121 is therefore believed to be appropriate. For the Hubsan X4, which does not possess this GPS capability, it will only be flown indoors , or outdoors within a netted or tented enclosed space. **J.** 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Yarbrough Associates requests relief from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane 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 (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 4 5 minutes. In this context , the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151( a) is therefore required. Equivalent Level of Safety The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be completed within 30 minutes flight time or with 25% battery power remaining, whichever occ urs first. Consistent with the Grant of Exemption to Astraeus Aerial, Docket No. FAA

-2014

- 0352 , Yarbrough Associates’ Flight Operations and Safety Manual include s a similar restriction which requires UAS flight operations to be terminated once 25% battery power reserve is reached. The DJI Phantom Vision 2 UAS s that Yarbrough Associates intends to use outdoors ha ve low battery capacity warning system s . Telemetry data is downlinked from the UA to the ground control station which will alert the PIC when remaining battery power drops below 30 %. The Hubsan X4 unit , which does not possess a low battery warning system, will only be flown indoors, or outdoors within a netted or tented enclosed space

. Consistent with the procedures in Yarbrough Associates’ Flight Operations and Safety Manual , the PIC will promptly fly the DJI Phantom Vision 2 UAS back to the home launch location or pre

-determined abort location where the U AS may safely land. Together, the safety procedures required in the Yarbrough Associates’ Flight Operations and Safety Manual , and the design features of the selected UAS s , ensure that the proposed operation will provide an equivalent level of safety to th at provided by the regulations. **K.** 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2) ; 91.417(a) and (b): Maintenance & Inspections Yarbrough Associates seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91 .405(a), 91.407(a)(1), 91.409(a) (1) & (2); 91.417(a) and (b).11

These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. For example, 14 C.F.R. § 91.405(a) states that each owner or operator of an aircraft “s hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter”. An exemption from these regulations is required because Part 43 and the se sections only apply to aircraft with an airworthiness certificate, which the UAS s Yarbrough Associate s intends to use will not have. Equivalent Level of Safety An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as required by the Yarbrough Associates’ Flight Operations and Safety Manual , flights will not be conducted unless and until a pre -flight ch ecklist covering all flight critical components of the UAS s have been completed. The Yarbrough Associates’ Flight Operations and Safety Manual also contain s recordkeeping requirements for routine, interval and post

-flight maintenance. In totality , the main tenance and ins pection procedures required in Yarbrough Associates’ Flight Operations and Safety Manual ensure s that an equivalent or higher level of safety will be achieved.
**L.** 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privi leges And Limitations Yarbrough Associates will require its flight instructors and PICs to hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. However, as set forth in the accompanying Flight Operations and Safety Manual , flight instruction will also be provided to students and educators who will not have such a l icense. Accordingly, Yarbrough Associates seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring a student receiving UAS pilot instruction to have a private pilot's certificate. All student instruction fli ghts will be conducted under closely controlled circumstances, outside of navigable airspace and away from persons or property not involved in the instruction. In addition, the student instruction flights will be conducted under the close sup ervision of a flight instructor, who will have a private pilot’s , sport pilot’s or other appropriate pilot’s license. In addition, to the extent that Yarbrough Associates will be paying persons with a either an airline transport, commercial, private, recreational, or s port pilot certificate to operate its UASs, an exemption is also sought from 14 C.F.R § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and which would also require a second class medical certificate . The purpose of this section is to ensure the skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, while Instructors acting as the PIC of the Flight Training Team will be operating UASs for a commercia l purpose as part of Yarbrough Associates STEAM curriculum program , the UASs carry neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA

-2014

- 0352), the FAA determined that the unique characteristics of UAS o peration outside of controlled navigable airspace did not warrant the12

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. Equivalent Level of Safety Yarbrough Associa tes will ensure an equivalent level of safety to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures provided in Yarbrough Associates Flight Operations and Safety Manual

. The UAS s will only operate in a controlled and sterile area away from persons and property not involved in the operation. As required in Yarbrough Associates Flight Operations and Safety Manual , the PIC will maintain a 500 foot buffer from non

- participating person nel, as well as buildings, vessels and vehicles that are not part of the UAS operation being conducted. It will be flown based on VLOS at 400 feet AGL or below. Wh ere required, Yarbrough Associates will also file a NOTAM with the appropriate ATC facility b etween 48 and 72 hours before the flight is to occur. The Yarbrough Associates Flight Operations and Safety Manual , including its qualification, currency and training requirements for members of Yarbrough Associates ’ STEAM curriculum p rogram, ensure that UAS operators are competent and proficient in the UAS they are operating. Collectively, these procedures ensure that the proposed UAS operations can be conducted safely

. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and limitations: Pilot in Com mand. This petition seeks an exemption from the private pilot privileges and limitations of§ 61.113 (a) & (b), which states: Private Pilot Privileges and Limitations: Pilot in Command. (a) Except as provided in paragraphs (b) through (h) of this section, n o person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1)The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.113(a) limits private pilots to being in command of non

- commercial flights. Section 61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without passengers or property, in connection wit h bu siness or employment if " the flight is only incidental to that business or employment." That exception likely does not apply to the proposed operations under this petition for exemption, as the flights are not incidental to the proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the flight be incidental to the business to benefit from the exception. Equivalent Level of Safety Because the DJI Phantom Vision 2 UAS that will fly outdoors will not carry a pilot or passengers and its stability is assisted by sophisticated computer and GPS controls, the proposed operations can achieve the equivalent level of safety to § 61. 113 (a) and (b), by requiring the PIC operating the UAS to have received extensive training. This training will include handling nominal operations as well as emergency situations. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing or being on board. Moreover, the area of operation is controlled , sterile and restricted . In addition, all flights are planned and coordinated in advance and13

operated in accordance with the Yarbrough Associ ates’ Flight Operations and Safety Manual. F lights are limited in both duration and altitude. **VI. In the**  **Public Interest** The public interest will be served by granting Yarbrough Associates’ Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the National Airspace System ("NAS") in controlled, sterile, safe working environments such as those proposed herein . Granting this Petition for E xemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, in particular ; the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the rulemaking required under Section 33 3 of the Reform Act. The requested Sect 333 exemption will serve the public interest by enabling Yarbrough Associates’ STEAM curriculum program to elevate the technological capacity , enhance personal development and improve business awareness of underserved students and educators. This is a key factor in preparing students to be competitive in the a erospace and aviation marketplace, as well as the channel industries that leverage them. Among these are real estate, general a erial surveying, g eneral aerial photography , art, geographic information systems, urban planning, a griculture , construction , u tility inspection , film and television, environmental uses, e m ergency management, and s earch and rescue . Entry into these areas represent quality careers that enable members of underserved communities to improve the earning potential and quality of life for their families. The UASs will provide educators and students with new geographic representations of their surroundings, leadin g to greater insight and awareness of the cohesion that binds neighborhoods into a community. Cohesive communities tend to experience improved quality of life, expanded economic development, elevated test scores, reduced viol ence, and a more positive worl d view. **VII. Privacy**  All Yarbrough Associates’ UAS operations shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. Yarbrough Associates will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner. **VIII. Federal Register Summary**  Pursuant to 14 C.F.R. Part 11, the following summary is provided for publicati on in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following sections in Title 14 of the Code of Federal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.3; 61.113; 91.7( a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b). The exemption will enhance the delivery of high

- quality, relevant STEAM (science, technology, engineeri ng, art, mathematics) education, especially in underserved communities, by preparing educators and K

- 12 through adult learners to be competitive in the aviation and aerospace industry marketplace and related channel industries . Also, the exemption reduces risk to the general public by conveying knowledge of the criticality and breadth of the responsibility associated with safely operating UASs in the National Air Space in full compliance with FAA regulations.14

**IV. Conclusion**  Yarbrough Associates’ Petitio n for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line

- of

-sight and national security. The propose d UAS operations will benefit the public as a whole by elevating the technological capacity , personal development, and business awareness of underserved students (K

- 12 through adult) and educators. This is a key factor in preparing students to be competit ive in the local aerospace and aviation marketplace, as well as the channel industries that leverage them

. Among these are real estate, general aerial surveying, g eneral aerial photography , art, geographic information systems, urban planning, a griculture , construction , u tility inspection , film and television, environmental uses, e m ergency management, and s earch and rescue

. Entry into these areas represent quality careers that enable members of underserved communities to improve their earning potential and the quality of life for their families. The UASs will provide educators and students with new geographic representations of their surroundings, leading to greater insight and awareness of the cohesion that binds their n eighborhoods into a community. Cohesive communities tend to experience improved quality of life, expanded economic development, elevated test scores, reduced viol ence, and a more positive world view. In total, this contributes more broadly to US global co mpetitiveness and its stature as the leader in maintaining a high standard of living for its citizens. Wetrust that we have provided adequate justification and rationale for granting Yarbrough Associates the requested exemption. Please do not hesitate to contact us if you have any questions or require additional information. Thank you very much for your consideration.

Allyson D. Yarbrough, PhD Principal Partner Yarbrough Associates15

Attachments : The following attached items and links contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 and 523 and we are requesting that it be held in a separate file p ursuant to 14 C.F.R. § 11.35(b)

. Attachment A: Yarbrough Associates UAS Flight Operations and Safety Manual Attachment B : Yarbrough Associates STEAM (Science, Technology, Engineering, Arts, Mathematics) Program Curriculum Plan Hubsan X4 User Manual

- http://www.robotshop.com/media/files/pdf/hubsanx4_manual.pdf DJI Phantom 2 Vision User Manual

- http://dl.djicdn.com/downloads/phantom

-2

- vision/en/Phantom_2_Vision_User_Manual_v1.8_en.pdf DJI Phantom 2 Vision Battery Safety Guidelines

- http://dl.djicdn.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_Guideli nes.pdf DJI Phantom 2 Vision Quick Start Guide

- http://dl.djicdn.com/downloads/phantom

-2

- vision/en/Phantom_2_Vision_Quick_Start_en.pdf DJI Phantom 2 Vision Pilot Training Guide

- http://dl.djicdn.com/downloads/phantom

-2

- vision/en/Phantom_2_Vision_Pilot_Training_Guide_en.pdf