Todd Yates October 08 ,2015

 Todd Yates Photography

 1309 Elk River Road

 Tyler, Tx, 75703

 (361) 876-9444

US Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Under Section 333 to the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and 14 C.F.R Part 11, Todd Yates, operator of Unmanned Aircraft 

Systems (UAS) DJI Phantom 3 Professional, hereby applies for an exemption 

from the Federal Aviation Regulations (FARs) listed so that Todd Yates may 

operate UAS commercially in airspace regulated by the Federal Aviation 

Administration; as long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by 

Section 333. 

Commercial operations of an UAS, as described herein which is equipped with 

camera and sensors, which would provide professional services in the following 

areas:

1. Aerial photography and/or video for public and/or private use including real 

estate, architecture, property surveying, construction and other related 

professional activities.

2. Aerial inspection/photography of residential/ commercial structures under 

contract with owners or local government authority. 

3. Aerial photography and/or video for public and or private use including 

television, public events, cinematography and news gathering, promotional 

videos.

4. Aerial inspection of private/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers. 

5. Aerial photography and/or videos of operations and physical integrity of 

commercial drilling and/or excavating equipment. 

6. Aerial photography/video or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the 

local authorities or government has requested it by contract or donation. 

As described fully below, the requested exemption would permit the operation of 

designated UAS as set forth this document under controlled conditions in the 

NAS (National Airspace System) that would be limited, controlled, predetermined 

and safe. Approval of exemption would increase public awareness of UAS 

operations and enhance safety for all and aid in fulfilling the Secretary of 

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

requirements for the safe operation of such aircraft systems in the national 

airspace system.” The objective of Todd Yates aerial photography operations is to 

provide high quality imaging for a variety of commercial, public and residential 

uses in this mainly rural areas. Todd Yates will provide his clients with the highest 

quality digital content while also while promoting the advantage of safe flying set 

down by rules and regulations of the FAA.

Name and contact information of the applicant are:

Todd Yates

1309 Elk River Road 

Tyler, Texas 75703

ph: 361-876-9444

email: tyatesfotos@gmail.com

Regulations for which the exemption is requested are as follows:

• 14 CFR Part 21, Subpart H, 14 CFR 45.23, 14 CFR 61.113 (a) & (b), 14 CFR 91.7 (a), 

14CFR 91.9, 14 CFR 91.119, 14 CFR 91.121, -14 CFR 91.151,14 CFR 91.203,14 CFR 

Subpart E (91.401, 91.407, 91.409,91.417)

I am prepared to modify or amend any part of this exemption request to satisfy 

the need for an equivalent level of safety. I look forward to working with your 

office. Please contact me at any time if you require additional information or 

clarification.

 Sincerely,

 Todd Yates

 Todd Yates Photography

 361-876-9444

 tyatesfotos@gmail.com

 toddyatesfotos.smugmug.com

Exemption Request 

• 14 CFR Part 21, Subpart H: Airworthiness Certificates

The UAS used commonly fits into the model aircraft category and in 

consideration of the size, weight, speed, and limited operating area associated 

with the unmanned aircraft and its operation, Todd Yates operation of the DJI 

Phantom 3 Professional UAS meets the conditions of Section 333 and will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H.

The DJI Phantom 3 Professional UAS to be operated hereunder is less than 55 

lbs. fully loaded, carries neither a pilot nor passenger, carries no hazardous 

materials or flammable liquid fuels and operates exclusively within a secured and 

designated area. Unlike other civil aircraft operation under this exemption, it will 

be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. 

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• 14 CFR 45.23 (b) Marking of the Aircraft

The regulation requires: When marks include only the Roman capital letter “N” 

and the restoration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificate 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. 

Even though the UAS will have no airworthiness certificate, an exemption may 

be needed as the UAS will have no entrance to cabin, cockpit or pilot station on 

which the word “Experimental” can be placed. Given the size of the UAS, twoinch lettering will be impossible. The word “Experimental” will be placed on the 

fuselage in compliance with §45.29 (f)

• 14 CFR 61.113 (a) & (b) Private Pilot Privileges and Limitations: Pilot in 

Command

• Relief from Section 61.113(a) and (b) entitled private pilot privileges and 

limitations: Pilot in Command is requested to the extent necessary to allow a 

PIC holding a private pilot or higher level certificate, as well as a current and 

valid airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. This relief is requested since the limitations set forth in 

Section 61.113(a) and (b) state that a private pilot may, for compensation or 

hire, act as PIC of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and (2) The 

aircraft does not carry passengers or property for compensation or hire. As set 

forth more fully below, Todd Yates submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the DJI Phantom 3 

Professional UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate either the 

DJI Phantom 3 Professional UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency 

maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. Further, Todd Yates submits that all flights of the DJI 

Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of 

this Petition: (1) will be incidental to Todd Yates’ business; and (2) will not carry 

passengers or property for compensation or hire. 

• 14 CFR 91.7 (a) Civil Aircraft Airworthiness

Section 91.7 (a), entitled Civil aircraft airworthiness, subsection (a), states the 

following: (a) No person may operate a civil aircraft unless it is in 

airworthy condition. 

• 14 CFR 91.9 Civil aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides; No person may operate a U.S. registered civil 

aircraft unless a current approved flight manual is in the aircraft. I assume that 

the intent of this requirement is to ensure that the flight manual information is 

available to the aircrew while operating the aircraft. I request an exemption to the 

requirement due to the aircraft being too small to carry documentation, and the 

documentation would not be available to the ground flight crew. 

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To obtain an equivalent level of safety and the intent of 91.9. I propose that a 

current, approved airplane flight manual must be available to the 

ground crew anytime the aircraft is in, or preparing for, flight. 

• 14 CFR 91.119 Minimum safe altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since 

the aircraft will be operating at a maximum of 400 feet, I cannot comply with this 

requirement. Providing an equivalent level of safe flight, I will only fly over 

property with the permission of the land owner. The owners will be briefed on the 

expected route of flight and the associated risks to persons and property on the 

ground. I maintain that due to the small size of the DJI Phantom 3 Professional 

UAS, the hazard to persons, vessels, vehicles and structures is not comparable 

to manned aircraft and should be considered in granting the exemption. 

• 14 CFR 91.121 Altimeter settings

The regulation provides that aircraft shall maintain cruising altitudes by reference 

to an altimeter sitting available within 100 nautical miles of the aircraft. The 

aircraft will fly below 400 feet and will not need to maintain hemispherical cruising 

altitudes in order to de-conflict with other aircraft. As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. Safety will be achieved by the operator, pursuant to the safety check list 

and live flight data monitoring, confirming the altitude of the launch site shown on 

the GPS altitude before flight. 

• 14 CFR 91.151 Fuel requirements for flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under 

day-VFR (Visual Flight Rules) conditions unless there is enough fuel to fly to the 

first point of intended landing and to fly after that for at least 30 minutes. I feel the 

intention of this paragraph is to provide a reserve of energy as a safety buffer for 

go-arounds and other delays to landing. 

The DJI Phantom 3 Professional UAS is battery operated and the maximum 

duration of flight from a single battery charge is approximately 23 minutes. The 

aircraft will never fly more than the visual line of site from the pilot in command 

near the point of launch/ landing site, a full battery charge at launch will ensure 

that I meet the reserve energy requirement. I also believe that an equivalent level 

of safety can be achieved by limiting flights to 23 minutes or 25% of battery 

power, whichever happens first. This restriction would be more than adequate to 

return the UAS to its planned launch/landing site.

• 14 CFR 91.203 (a) & (b) Carrying Civil Aircraft Certification and 

Registration

(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 air worthiness 

certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (b) of this section or a special flight authorization issued 

under 91.715 is display at the cabin or cockpit entrance so that it is legible to 

passenger or crew.

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The UAS fully loaded weighs no more than 10 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification registration 

documents or to display them on the UAS. 

• 14 CFR 91.405(a), 91.417(a)&(b)

that an aircraft operator or owner shall have that aircraft inspected as prescribed 

in subpart E of the same part and shall, between required inspections, except as 

provided in paragraph (c) of the same section, have discrepancies repaired as 

prescribed in part 43 of the chapter.

• 14CFR 91.407(a)(1)

prescribes that no person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same 

chapter.

• 14 CFR 91.409(a)(2)

prescribes, in pertinent part, that no person may operate an aircraft unless, within 

the preceding 12 months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter.

• 14 CFR 91.417 (a) & (b)

prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the 

periods

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and’

(ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the person approving the aircraft for 

return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each 

rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, 

and appliance.

(iii) The time since last overhaul of all items installed on the aircraft that are 

required to be overhauled on a specified time basis.

(iv)The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves recurring 

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

(vi)Copies of the forms prescribed by § 43.9(d) for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. (b) 

The owner or operator shall retain the following records for the periods 

prescribed: (1) The records specified in paragraph (a)(1) of this section shall be 

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retained until the work is repeated or superseded by other work or for 1 year after 

the work is performed. (2) The records specified in paragraph (a)(2) of this 

section shall be retained and transferred with the aircraft at the time the aircraft is 

sold. (3) A list of defects furnished to a registered owner or operator under § 

43.11 shall be retained until the defects are repaired and the aircraft is approved 

for return to service.

 Maintenance will be accomplished by the operator pursuant to the flight manual 

and operating handbook as referenced in the DJI Phantom 3 Professional 

manufacturers manual. As provided in the manual, the operator will ensure that 

the UAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the 

person familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. 

Aircraft Specifications

• Model UAS: DJI Phantom 3 Professional

Weight (battery & propellers included) 1280 g, Diagonal size (including 

propellers) 590mm, Max Ascent Speed 5 m/s, Max Descent Speed 3 m/s Max 

Speed 16m/s, Max Altitude above sea level 6000 m, Hover Accuracy (Vertical)

+/-0.1(when vision positioning is active) or +/- 0.5 m, Horizontal +/- 1.5m, 

Operating Temperature 0°C to 40°C, GPS Mode GPS/GLONASS

• Remote Controller

Operating frequency 2.400 GHz-2.483 GHz, Transmitting Distance 2000m 

(outdoor and unobstructed), Video output port USB, Operating Temperature 

Range 0°C to 40°C, Battery 6000 mAH LiPo 2S, Mobile Device Holder tablets 

and smartphones, Transmitter Power FCC: 20dbm; CE: 16dbm, Working 

Voltage 1.2 A@7.4V.

• Camera

Sensor-Sony EXMOR 1/12.3 Effective pixels:12.4M (total pixels: 12.76M), Lens

FOV 94° 20mm (35 mm format equivalent)f/2.8, focus at oo, ISO Range 

100-3200 (video) 100-1600 (photo), Electronic Shutter Speed 8s-1/8000, 

Image Max Size 4000x3000, Still Photography Modes Single shot/Burst 

Shooting: 3-5-7 frames/Auto Exposure Bracketing (AEB) 3/5/Bracketed frames at 

0.7EV Bias/Time-lapse, Supported SD Card Types Micro SD max capacity: 64 

GB class 10 or UHS- 1 rating required, Video Recording Modes UHD: 

4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 

HD: 1280x720p 24/25/30/48/50/60, Max Bitrate of Bitrate Storage

60Mbps,Supported File Formats FAT32/exFAT Photo: JPEG, DNG Video: MP4, 

MOV (MPEG-4 AVC/H.264) 

• Gimbal 

 

Controllable Range -Pitch -90° to +30°, Stabilization 3 axis (pitch, roll, yaw)

• Vision Positioning

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Velocity Range 8 m/s (when 2 m above ground), Altitude Range 30 cm-300 

em,Operating Range 30 cm-300 em, Operating Environment Surface with 

clear pattern and adequate lighting (Lux> 15) 

• Intelligent Flight Battery

Capacity 4480 mAh, Voltage-15.2 V,Battery Type-LiPo 45, Energy-68 Wh, Net 

Weight-365 g, Max Flight Time-Approximately 23 minutes,Operating 

Temperature 10°C to 40°C, Max Charging Power 100 W 

• Battery Charger

Voltage 17.4 V, Rated Power 100W

DJI Phantom 3 Professional UAS and Equivalent Level of Safety

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or 

property using conventional aircraft. These limitations and conditions to which 

the applicant agrees to adhere to when conducting commercial operations under 

the FAA issued exemption as set forth in the Flight Operations Manual (FOM) 

include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds 

with battery and camera.

2. The DJI Phantom 3 Professional UAS will have a maximum operating speed 

of no more than 35mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/

or Visual Observer (VO).

4. Maximum flight time for each operational flight of DJI Phantom 3 Professional 

UAS, will not exceed 23 minutes. Flights will be terminated at 25% battery power 

reserve or 23 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL). 

6. Minimum crew for each operation will consist of the UAS Pilot and at least one 

Visual Observer (VO), and may include a third, but separate, Camera Operator 

(CO).

7. All flight activities will be logged. Todd Yates will develop a procedures 

document and maintain a record of the UAS maintenance, preventive 

maintenance, alteration records and status of replacement and overhaul of 

component parts. 

8. All flights will occur under Visual Flight Rules Meteorological Conditions 

(VMC) only. 

9. The flights will occur in Class G airspace no closer than a five mile radius of 

the geographic center/Airport Reference Point (ARP) of a tower controlled or 

uncontrolled airport. 

10. A pre-flight briefing will be conducted in regard to the planned UAS operation 

prior to each day’s production activities. It will be mandatory that all personnel 

who will be performing duties within the boundaries of the safety perimeter be 

present for this briefing and pre-flight check list:

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pre-flight check list : 1.) UAS firmware up to date 2.)Inspect UAS for obvious 

defects 3.)batteries fully charged 4.) propellers tightened and locked 5.) SD card 

in camera and formatted 6.) monitor brightness set to high/hood installed 7.)

antennas up and able to rotate 8.) DJI Phantom 3 Professional user manual on 

site 9.) compass calibrated 10.) minimum and maximum return height adjusted 

11.) Satellite check minimum of six satellites for safe flight 12.) UAS placed in 

safe launch/landing site 13.) check sound and LED alerts 14.) check clear line of 

sight of flight 14.) warn bystanders of imminent take off 15.) hover at 4 feet for 30 

seconds look and listen for any defects 16.) confirm expected stick operation 

17.) check return home operations 18.) if using visual observer (VO) have check 

in

11. Written and/or oral permission from the relevant property holders will be 

obtained. 

12. 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. 

13. The UAS will have the capability to abort a flight in case of unpredicted or 

obstacles emergencies with an automated “Return Home and Land” function. 

14. If the UAS loses communications with the remote controller or loses GPS 

signal, the UAS will have the capability to return to a 

predetermined location within a designated location and land autonomously.

 

Summary

The applicant, Todd Yates, believes this exemption request and associated safety 

considerations adequately meet the criteria provided in Section 333 of the 

Reform Act of 2012, providing sufficient justification for granting of commercial 

operations of the applicant’s UAS in association with photography and 

videography production in various industries. Todd Yates is eagerly standing by 

to support the FAA in its quest to establish proper regulations and protocols for 

the safe introduction of unmanned aircraft into the national airspace. I am 

prepared to modify or amend any part of this exemption request to satisfy the 

need for an equivalent level of safety. I look forward to working with your office. 

Please contact me at any time if you require additional information or clarification.

Sincerely,

Todd Yates

Todd Yates Photography

361-876-9444

tyatesfotos@gmail.com

toddyatesfotos.smugmug.com

 

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