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. A erial 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

Page 1Transportation’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 i n 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.

Page 2• 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 onwhich 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.

Page 3To 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 9 1.715, 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.

Page 4The 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

Page 5retained 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 Powe r 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

Page 6Velocity 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 :

Page 7pre-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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