Richard Yearwood

2343 Foggy

Branch Pl Lenoir, NC 28645
December 4, 20115
U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE., Washington, DC 20590

Re: Request for Exemption Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109; 91.121 ; 91.151(a);91.203(a) & (b);91.40 5 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).
To Whom it May

Concern:
Pursuant to Section 333 of the FAA Modernization and Reformation Act of 2012 (the Reform Act) P ublic Law 112

- 95 (P.L. 112

- 95) and 14 CFR Part 11, I , RICHARD YEARWOOD, owner of Small Unmanned Aircraft Sy stems (sUAS) equipped to conduct aerial photograph y hereb y applies for an exemption from the Federal Aviation Regulations (FAR's) listed below in order to conduct commercial operation of a sUAS. The operation of sUAS will b e conducted within and under conditions outlined herein and established b y the FAA required b y Section 333.
The requested exemption would permit the operation of sUAS in a limited and predetermined airspace with set guide lines that would provide safety improvements for aerial photograph y in the real estate, news media, land surveying, special events, and construction industries. Approval of this exemption would thereby enhance safet y and fulfill the Secretary of Transportation’s (the FAA Administrator’s ) responsibilities to “...establish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem.” Section 333(c) of the Reform Act.
The name and address of the applicant: Richard Yearwood 2343 Foggy

Branch Pl Lenoir, NC 2864 5 828

- 474

- 4864 richma215@aol.com Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b)14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. T his law directs the Secretary of Transportation to consider whether certain unmanned aircraft s ys tems may operate safel y in the national airspace sy stem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. I n making this determi nation, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following:

 The UAS’s size, weight, speed, and operational capability ;

 O peration of the UAS in close p roximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). I f the Secretary determines that such vehicles “may operate safel y in the national airs pace s ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace s ys tem.” Id. §333(c). The Federal Aviation Act expressly grants the FAA the authority

to issue exemptions. T his statutory authorit y b y its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may

grant an exemption from a r equirement of a regulation prescribed under subsection (a) or (b) of this section or an y sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 4 9 U.S.C. §44701(f).

The sUAS owned b y R ICHARD YEARWOOD, is a Mul tifuctional Quad

- rotor sy stem, DJ I Phantom 2 weighing 55 or fewer lbs. including pay load. It operates, under normal conditions, at 29 knots (15m/s), and have the capability to hover, and move in the vertical and horizontal plane simultaneously . It will be operated onl y in line of sight in a predetermined area such to keep the public safe and not create a hazard to an y person or aircraft. A clear marking will be at the control station indicating a sUAS is operating.
The following list of limitations and co nditions will be applied and adhered to when RI CHARD YEARWOOD conducts commercial operations with the sUAS DJIPhantom 2 under the FAA issued exemption. These limitations also comply with the FAA sUAS Notice of Proposed Rulemaking Part 107.1: The sUAS wi ll weigh less than 55lbs

2: Flights will operate within visual line of sight (VLOS) of the operator or visual observer (VO) 3: The maximum flight time for each flight will be 25 minutes 4: Flight will be terminated upon low battery if it occurs before the 25 minute flight time has expired. 5: Flights will operate at an altitude no more than 500ft AGL and will not operate in Class A airspace (18,000ft and above). Operations in Class G airspace are allowed without ATC permission. 6: At all times the small unm anned aircraft will remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. 7: Aircraft will not operate over an y person not directl y involved in the operati on, and a marker will be set notify ing that a sUAS is operating in the area. 8: Required documentation will be kept at the control station 9: Right of way

will be given to other aircraft, manned or unmanned. 10: Aircraft will operate no faster than 87knots . The maximum speed for the DJ I Phantom 2 is 29 knots. 11: The sUAS operator will only operate one aircraft at a time. The VO will only observe one aircraft at a time. 12: There will be no careless or reckless operations. 13: The operator will conduct a preflight inspection. 14: Any person that knows, or has reason to know, of any phy sical or mental condition that would interfere with the safe operation of the sUAS will not operate or act as a VO.
In order for a pilot to operate the sUAS, they must meet requirements set forth by the FAA and included below:
1: The "operator" would be the pilot of the sUAS. 2: Operators must: a: obtain an FAA certified airman with at least a private pilot's certificate b: Pass a recurrent aeronautical knowledge test ever y 24 months. c: Be at least 18 ye ars old. d: Make available to the FAA, upon request, the small UAS for inspection or testing. e: Report an accident to the FAA within 10 day s of any operation that results in injury or propert y damage. f: Conduct a p reflight inspection to ensure the small UAS is safe f or operation.

The sUAS will be used in the industries below: 1: Real estate (Commercial or Residential) 2: L and survey ing and Site Inspection 3: Construction 4: Media and Marketing (News, Publicati ons and Marketing) 5: Special Events (ex. Wedding, Concert)
Benefits of exception to Public:By granting the exemptions, the sUAS would be able to operate for several different industries for research and development. Real estate companies, land survey ors, and other businesses could ulitize a small, light

- weight UAS instead of traditional helicopters or standard aircraft. It would also open up aerial photograph y to businesses that may not be able to afford traditional methods and therefore expanding the ir business. Exemptions Requested:
14 C.F.R. Part 21, Subpart H: A irworthiness Certificates 14 C.F.R. §91.203 (a) (1)
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificate s as required by FAR §91.203 (a) (1). G iven the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safet y under Part 11 and Sec tion 333 of the Reform Act. T he Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, op erational capability , and proximity

to airports and populated areas of the particular UAS. I n all cases, an anal ys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in a limited environment and under the conditio ns proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
14 C.F.R. § 45.23 (b). Marking of the Aircraft

"When marks include only the Roman capital letter "N" and the registration number is display ed 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." Although the sUAS does not have an airworthiness certificate, an exemption is also requested since the aircraft has no entrance to a cabin, cockpit or pilot station. Because of the small size of the sUAS, the minimal two

- inch lettering is not possible. Markings will be display ed " in the largest p racticable manner." (As proposed in FAA sUAS NPRM Part 107.) 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command
Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. T he sUAS will not

carr y a p ilot or passengers and the PI C operating the aircraft will have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. U nlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely contro lled with no living thing on board. Given the size and weight of the aircraft, as well as the mission operating procedures, including the pre mission checklist, it is believed that the safe operation of the sUAS can be achieved b y an airman possessing a pr ivate pilot's license to operate the sUAS for commercial

use.14 C.F.R. §91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. B ecause there is no airworthy certifi cate issued for this sUAS, it is requested that an exemption be granted. Safety procedures that will be conducted to ensure that the aircraft is suitable for flight include checking rotor blades for wear or damage; visually inspecting the entire aircraft f

or damage, debris, missing mechanical parts; checking the battery level to ensure adequate flight time; and a near

- ground test flight to ensure correct operations. If the owner of the aircraft or operator determine that the aircraft does not seem adequate to fly , the operation will not be conducted until the oppropriate maintenance is conducted. Another preflight inspection will then be conducted.
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

. Section 91.9 (b) (2) states the fol lowing: "No person may

operate a U.S.

- registered civil aircraft

-- (2) For which an Airplane or Rotorcraft Flight Manual is not required b y§ 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Fl ight Manual, approved manual material, markings, and placards, or an y combination thereof."
Given the size and build of the sUAS, there is no ability to place or carry

a flight manual on the aircraft. There is no pilot on board and the aircraft does no t have the capacity or room. 14 C.F.R. § 91.103: Preflight action
This regulation requires the pilot in command to take certain actions before flight to insure the safet y of flight. A n exemption will be needed since FAA approved rotorcraft flight man uals will not be provided for the aircraft since they have not y et been created. An equivalent level of safet y will be provided and the PI C will take all actions including reviewing weather, battery indicator, landing and takeoff distances and aircraft per formance review before flight.
14 C.F.R. §91.109: Flight instruction:
Section 91.103 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 full y functioni ng dual controls. s UASs and remotely piloted aircraft, by

their design do not have fully functional dual controls. F light control is accomplished through the use of a control box that communicates with the aircraft via radio communications. T he FAA has approved exemptions for flight training without full y functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. T he equivalent level of safet y provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y the size and speed of the aircraft.
14 C.F.R. §91.121 Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude b yreference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.” A s the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is requested. An altitude indicator may be placed on the sUAS indicating altitude through a GPS configuration.
14 C.F.R. § 91.151(a): F uel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unl ess (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 fl y after th at for at least 45 minutes.”
This sUAS is battery

powered instead of fuel. The safet y measures that would be in place would ensure that the flight terminates upon reaching 25% battery power or 25 minutes.
14 C.F.R. §91.203 (a) and (b): C arr yi ng Civil A ircraft Certification and Registration
The regulation provides: (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) N o 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 display ed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully

loaded weighs no more than 55 lbs and is operated without an onboard pilot. A s such, there is no ability

or place to carry

certification and registration documents or to display them on the sUAS. Required documentation will be kept at the ground station and available for each flight.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): M aintenance Inspections
These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed i n subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.
These sections and Part 43 only appl y to an aircraft with and airworthiness certificate and therefore will not apply

to the applicant. Routine maintenance will be conducted on the aircraft. A visual inspection by

the pilot in charge will be conducted before each flight to ensure safety . A log will be kept for an y maintenance performed on the aircraft and will be available at the control station of each flight.
Satisfaction of requirements in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual lineof sight and national security

– provide justification for the grant of the exemptions requested in

order to allow commercial operation of applica nt’s UAS.
Summary for Publication in Federal Register: ****Start Applicant seeks exemption from the following rules 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)
Approval of these exemptions would allow the applicant commercial use of sUAS in industries including real estate, land surveying, site inspection and construction. Using a sUAS instead of traditional airplanes or helicopters dramaticall y reduces operating cost. It also enhances safet y b y using an aircraft less than 55lbs with no personnel on board. An FAA licensed pilot would operate the aircraft. Safety measures such as pre

- flight check list, inspection, and routine maintenance would be in place to protect the public during flight. Unmanned flight remove the risks associated with manned flight with a pilot, crew, and passengers on board. The sUAS operates at a slow speed at 29 knots or less, and low to the ground at a maximum of 400ft AGL. ****End

No Fl y Zone Feature "DJ I’s No Fl y Zone (NFZ) feature can help you avoid inadvertent operation in locations that could raise safet y or security concerns, such as near airports. NFZ will in many cases warn y ou about these areas if you fly towards them, or try to takeoff within them. In certain locations, the device will automaticall y be prevented from takeoff, or if alread y in flight towards the location, will pause at the boundary and not enter. The NFZ sy stem, which is an informational feature, does not include all areas that might raise concerns. It is alway s the user’s responsibility to determine what laws or regulation s apply to an y operation, and to obtain any required government authorizations." Manufactor's No Fl y Zone statement
http://www.dji.com/fly

- safe/category

- mc?www=v1 Respectfully ,
Richard Yearwood