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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

West Building Ground Floor

Room W12-140

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Petition of Yarbrough Associates Seeking Exemption from the Requirements of Title 

14 of the Code of Federal Regulation, Pursuant to Section 333 of the 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 Kindergarten-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 45.27(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 Limitations 
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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, 

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 Flight 

Training Center, Inc. (Docket No. FAA-2015-0410) and 11795 to Adam Winkle (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 they can better prepare students 

to compete in the 21st 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 underrepresented groups, discover their unique abilities and realize their full potential. We focus 

on preparing students to be competitive in the local, regional and global marketplace, 

including aviation, aerospace engineering and the channel industries that leverage them. 

Among these are real estate, general aerial surveying, general aerial photography, art, 

geographic information systems, urban planning, agriculture, construction, utility inspection, 

film and television, environmental uses, emergency management, and search 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 

families 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. Yarbrough Associates has 

identified small unmanned aerial systems and associated data collection as ideally suited for 

STEAM instruction and project based learning for K-12 and adult learners and educators. 

The requested Section 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. We 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 regulations. Our

aerial data collection may include remote sensing and measuring by an instrument aboard 

the UAS such as imagery (photography, video or infrared), electronic measurement, or 

chemical measurement.

In collaboration with and through the services of duly certified pilots, we will use UAS 

operations to demonstrate and teach STEAM related subject matter to students. The UASs 
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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 Based Curriculum Plan. We will 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 engineering 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 personal potential. 

Yarbrough Associates 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 Authority

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 exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. 

IV. Yarbrough Associates’ Proposed UAS Operations Meet Requirements of Section 

333 of the Reform Act

Yarbrough 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 Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability – Description of Vehicles

1. Hubsan X4 
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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 LiPo 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 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 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 operations until they demonstrate the competence and responsibility to 

train outdoors in a sterile, controlled environment within a tented or netted enclosure. 

We will 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 propellant or fuel and has a built-in 

“return home to safely land at pre-determined location” function, should the connection to the 

remote control be lost or other unexpected event arises.

B. Approval is Warranted 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 provided 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 observer. 

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 without prior written authorization from 

the FAA. 
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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 and 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. Where required, Yarbrough Associates will file a Notice to Airman ("NOTAM") with an 

appropriate air traffic control ("ATC") facility between 72 and 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 location or a pre-determined safe abort location. If the UAS does not 

possesses such a capability, it will either be flown indoors only or within a sterile, 

controlled, tented or netted enclosed space.

12.Contingency plans will be in place to safely terminate flight 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 Certificate 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 UASs will be controlled by the Hubsan and Phantom 2 2.4GHz Remote Control 

Systems and the radio frequency spectrum used for operation and control of the UASs

shall comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements. 

V. Regulations From 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. The 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 when compared 
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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 Safety 

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 and completely outside 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 and 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. Where 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 capabilities will be possessed 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 visual 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’ UASs 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 

found 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 treated 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 Registration 
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Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate 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 material, 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 airworthiness 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 is 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, 

registration certificate, and other required documents from the ground control station from 

which he or she is operating the aircraft. According to the 2014 clarification, 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 by 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 Aircraft, states: When 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 FAA determined that 

exemption from these requirements was warranted provided that the aircraft "have 
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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 PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight and in compliance 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, After 

Landing, and 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 

Yarbrough Associates seeks an exemption from 14 C.F.R. § 91.109(a), which provides that 

"No 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." UASs 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 required 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 Flight 
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Training Center, Inc. (Docket No. FAA-2015-0410) and 11795 to Adam Winkle (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 similarly.

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 operated "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 operations 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 operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the UASs, any risk associated 

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 the 

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 planned for use possesses 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 

The 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 information 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. 
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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 Winkle and other petitions for exemption, the UASs Yarbrough 

Associates intends to use, and the safety procedures contained in Yarbrough Associates

Flight Operations and Safety Manual, both ensure that an equivalent level of safety will be 

achieved, and a grant of exemption to the requirements 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 45 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 occurs first. Consistent with the Grant of Exemption to Astraeus Aerial, 

Docket No. FAA-2014-0352, Yarbrough Associates’ Flight Operations and Safety Manual

includes a similar restriction which requires UAS flight operations to be terminated once 25% 

battery power reserve is reached. 

The DJI Phantom Vision 2 UASs that Yarbrough Associates intends to use outdoors have low 

battery capacity warning systems. 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 UAS may safely land. Together, the safety procedures required in the Yarbrough 

Associates’ Flight Operations and Safety Manual, and the design features of the selected 

UASs, ensure that the proposed operation will provide an equivalent level of safety to that 

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). 
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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 

“shall 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 these sections only 

apply to aircraft with an airworthiness certificate, which the UASs Yarbrough Associates

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 checklist covering all 

flight critical components of the UASs have been completed. The Yarbrough Associates’

Flight Operations and Safety Manual also contains recordkeeping requirements for routine, 

interval and post-flight maintenance. In totality, the maintenance and inspection procedures 

required in Yarbrough Associates’ Flight Operations and Safety Manual ensures 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 Privileges 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 license. 

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 flights 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 supervision 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 sport 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 commercial 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 operation outside of controlled navigable airspace did not warrant the 
12

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 Associates 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 

UASs 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 personnel, 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. Where required, Yarbrough Associates 

will also file a NOTAM with the appropriate ATC facility between 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 program, 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 Command.

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, no person who holds a private pilot 

certificate may act as pilot in command of an aircraft that is carrying passengers or property 

for compensation or hire; nor 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 with business 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 and 
13

operated in accordance with the Yarbrough Associates’ Flight Operations and Safety Manual. 

Flights 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 Exemption 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 333 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 aerospace and 

aviation marketplace, as well as the channel industries that leverage them. Among these are 

real estate, general aerial surveying, general aerial photography, art, geographic information 

systems, urban planning, agriculture, construction, utility inspection, film and television, 

environmental uses, emergency management, and search 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, leading 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 violence, and a more positive worldview.

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 publication 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, engineering, 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’ Petition 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 proposed 

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 competitive in the local 

aerospace and aviation marketplace, as well as the channel industries that leverage them. 

Among these are real estate, general aerial surveying, general aerial photography, art, 

geographic information systems, urban planning, agriculture, construction, utility inspection, 

film and television, environmental uses, emergency management, and search 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 

neighborhoods into a community. Cohesive communities tend to experience improved 

quality of life, expanded economic development, elevated test scores, reduced violence, and 

a more positive worldview. In total, this contributes more broadly to US global 

competitiveness and its stature as the leader in maintaining a high standard of living for its 

citizens.

We trust 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 Associates
15

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 pursuant 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