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);91.405 (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) Public Law 112-95 (P.L. 112-95) and 14 CFR Part 11, I, RICHARD 

YEARWOOD, owner of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial 

photography hereby 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 be 

conducted within and under conditions outlined herein and established by the FAA required by 

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 

photography in the real estate, news media, land surveying, special events, and construction 

industries. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act.

The name and address of the applicant:

Richard Yearwood

2343 Foggy Branch Pl

Lenoir, NC 28645

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. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under Section 332 of the Reform 

Act. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following: 

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

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

 Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333 (a). If the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c). The Federal Aviation Act expressly grants 

the FAA the authority to issue exemptions. This statutory authority by 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 requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f).

The sUAS owned by RICHARD YEARWOOD, is a Multifuctional Quad-rotor system, DJI 

Phantom 2 weighing 55 or fewer lbs. including payload. 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 only in line of sight in a predetermined area such to keep the 

public safe and not create a hazard to any person or aircraft. A clear marking will be at the 

control station indicating a sUAS is operating. 

The following list of limitations and conditions will be applied and adhered to when RICHARD 

YEARWOOD conducts commercial operations with the sUAS DJI Phantom 2 under the FAA 

issued exemption. These limitations also comply with the FAA sUAS Notice of Proposed 

Rulemaking Part 107.
1: The sUAS will 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 unmanned 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 any person not directly involved in the operation, and a marker 

will be set notifying 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 DJI 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 physical 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 every 24 months.

c: Be at least 18 years 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 days of any operation that results in injury

or property damage.

f: Conduct a preflight inspection to ensure the small UAS is safe for operation.

The sUAS will be used in the industries below:

1: Real estate (Commercial or Residential)

2: Land surveying and Site Inspection

3: Construction

4: Media and Marketing (News, Publications 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 surveyors, and other 

businesses could ulitize a small, light-weight UAS instead of traditional helicopters or standard 

aircraft. It would also open up aerial photography to businesses that may not be able to afford 

traditional methods and therefore expanding their business.

Exemptions Requested:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 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 safety under Part 11 and 

Section 333 of the Reform Act. The 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, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in a 

limited environment and under the conditions 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 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."

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 displayed "in the 

largest practicable 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. The sUAS will not 

carry a pilot or passengers and the PIC operating the aircraft will have a private pilot’s license 

rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled 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 by an airman possessing a private 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. Because there is no airworthy certificate 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 for 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 following:

"No person may operate a U.S.-registered civil aircraft--

(2) For which an Airplane or Rotorcraft Flight Manual is not 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."

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 not 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 

safety of flight. An exemption will be needed since FAA approved rotorcraft flight manuals 

will not be provided for the aircraft since they have not yet been created. An equivalent level of 

safety will be provided and the PIC will take all actions including reviewing weather, battery

indicator, landing and takeoff distances and aircraft performance 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 fully functioning dual 

controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight instruction 

in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by 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 by 
reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As 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): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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.” 

This sUAS is battery powered instead of fuel. The safety 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): Carrying Civil Aircraft 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) 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. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

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): Maintenance Inspections 

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

These sections and Part 43 only apply 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 any 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 line 
of sight and national security – provide justification for the grant of the exemptions requested in 

order to allow commercial operation of applicant’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 dramatically reduces operating cost. It also enhances safety by 

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 Fly Zone Feature

"DJI’s No Fly Zone (NFZ) feature can help you avoid inadvertent operation in locations that 

could raise safety or security concerns, such as near airports. NFZ will in many cases warn you 

about these areas if you fly towards them, or try to takeoff within them. In certain locations, the 

device will automatically be prevented from takeoff, or if already in flight towards the location, 

will pause at the boundary and not enter. The NFZ system, which is an informational feature, 

does not include all areas that might raise concerns. It is always the user’s responsibility to 

determine what laws or regulations apply to any operation, and to obtain any required 

government authorizations." Manufactor's No Fly Zone statement

http://www.dji.com/fly-safe/category-mc?www=v1

Respectfully,

Richard Yearwood