Dynamic UAS, LLC

833 Lake Hollow Dr Little Elm, TX 75068 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, D.C. 20590 13 November 2015
S ubject: Petition for Exemption u nder Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Annex A: Exemption request and equivalent level of safety showings under applicable rules subject to exemption. Annex B: DJI Phantom 3 Professional/Inspire 1 Pro/Yuneec Typhoon Q500 User Manual Annex C: DJI Phant om 3 Professional/Inspire 1 Pro/ Yunee c Typhoon Q500 Aircraft Specifications Enclosure 1: Operator Checklist Dear Sir/Madam: This petit ion is being submitted on our behalf without legal counsel or consulting services. Pursuant to Section 333 of th e FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11. Dynamic UAS, LLC, in order to conduct business as a planned aerial video and photography company operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial surveying, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below . The exemption will allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA), so long as such op erations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Regulations from which the exemption is requested: • 14 C.F.R. Part 21 • 14 C.F.R. 45.23 • 14 C.F.R. 61.113(a) & (b) • 14 C.F.R. 61.133(a) • 14 C.F.R. 91.7(a) • 14 C.F.R. 91.9 • 14 C.F.R. 91.109(a) • 14 C.F.R. 91.119 • 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203 • 14 CFR Subpart E (91.401

- 91.417)The requested exemption would permit Dynamic UAS, LLC, to purs ue commercial interests in providing

services to consumers interested in aerial data capture using a small advanced sUAV in the following areas of aerial data collection (but not limited to): Real E state S urveying, Evaluation, and M arketing Agricultural a nd G eological S urveying and R esearch 3D M apping, C ommercial/ R esidential R oof I nspections/Construction Project Progression Cell Phone Tower/ Radio Tower Inspections Wildlife, F orestry, and R angeland R esearch and M anagement Law E nforcement A id and S urveillance Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. All operations will use a pilot

- in

- command ("PIC") and a visual observer ("VO") when available, and the UAS will remain within the visual line of sight of the PIC or the VO at all times. The PIC will maintain VLOS capability and the ability to communicate verbally with the VO at all times. Any person who is the PIC will have successfully completed and passed a c ompany approved ground school

. As well as holding the necessary certifications, any person acting as the PIC will have final authority as stated in FAR 91.3 (a) with the sUAV thoroughly inspecting and flying the unit in a controlled location

. CHARACTERISTICS OF THE AIRCRAFT The DJI Phantom 3 Professional/Inspire 1 Pro/Yunee c Q500 is small and light, with a take

- off weight of under 55 pounds. It is used to perform precision aerial mapping missions by utilizing the onboard GPS and related flight management software. The monitor on the controller receives footage from the camera in real time. This allows the operator to safely and efficiently plan and subsequently monitor a flight path . The four main characteristics of the these sUAS are:
**a. L ight weight.**  T he DJI Phantom 3 Professional/Inspire 1 Pro/ Yuneec Q500 is so light that the operator can launch it from any flat surface, let it land on almost any surface without requiring a parachute or landing net (belly land). Its low kinetic energy also significantly reduces the risk of hazardous situations. **b. Electric**
**- powered**  . The DJI Phantom 3 Professional/Inspire 1 Pro/ Yuneec Q500 is electric

powered brushless motor technology makes it quiet and reliable. Due to the lack of combustible fuels onboard means fewer complications in the event of an emergency. **c. Semi -**  **automatic flight.** The artificial intelligence incorporated within the DJI Phantom 3 Professional/Inspire 1 Pro/ Yuneec Q500 autopilot system continuously analyzes data from the onboard GPS a nd takes care of all aspects of the flight under the supervision of the operator. **d. Option for Manual control.** Additionally, the DJI Phantom 3 Professional/Inspire 1 Pro/ Yuneec Q500 provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspendautomated operations and take manual control of the aircraft by way of a remote control should

it become necessary to respond emergent circumstances

. 1. APPLICATIO NS AND ADDED PUBLIC VALUE There is enormous marketing value and a growing demand for aerial photography in real estate. Recently, t he National Association of Realtors issued a statement requiring that any aerial (sUAS/UAS) photography and videography involved in real estate surveying, evaluation, and marketing will be conducted by tho se granted the 333 Exemption. More companies, organizations, and government entities are recognizing the need to contract licensed professionals and reduce liability, where s afety is the foremost consideration in all aspects of flight operations. As licensed, ATP rated pilots, our goal at Dynamic UAS is to fill the need for qualified operators of unmanned aerial systems for this purpose. There are also many benefits to using sUAS in wildlife, forestry and rangeland research and management. The use of these machines allows professionals to receive and understand situations better, faster and more economically than traditional methods.

**a. Wildlife:**  Biologists in the wildlife field are finding that the use of sUAS units allow them to gain b etter understanding of population dynamics, habitat assessments, individual species fitness, individual nest status and much more. Traditional methods such as many hours on foot in the field or through aerial surveys with chartered airplanes, have been found to be costly, time consuming, and at times dangerous in the event of a plane crash. Since there are no persons on board the sUAS at any given time, there is little risk to loss of life while still being able to cover the necessary area in an efficient manner. **b. Forestry:**  The use of sUAS to assist with forestry management practices allows the user to better understand the fitness and density of the forest tract in question. Forest managers are able to use sUAS units to get a better and fast idea of the density of the forest tract to aide in better thinning practices. In turn, the fitness level of the forest will be higher which benefits wildlife and recreational use rs in the area.

**c. Rangeland:**  Rangeland profe ssionals have found that sUAS units are useful in identifying vegetation species and planning an approach safe and efficient management . The sUAS units also assist with increased grazing practices; which can be detrimental to the tract of land and cattle in question.
OPERATING CONDITIONS If granted the exemption for the DJI Phantom 3 Professional /Inspire 1 Pro/Yuneec Q500 , Dynamic UAS will be subject to the following operating conditions, based on the operating c onditions set forth by the User Manual (see Annex B), and the factors the FAA is to consider under section 333. The restrictions are summarized below: Dynamic UAS, LLC, will adhere to the following operating parameters when operating UAS pursuant to a grant of the requested exemption: 1. Operations will be conducted using the DJI Phantom 3, DJI Inspire 1 , Yuneec Q500

.2. The UAS will not be operated at a speed exceeding 50 knots (57.5 miles per hour), at an

A ltitude no greater than 400 feet above g round level. Basic VFR visibility will persist while operations are in effect this entails a minimum visibility of at least 3 statute miles, more than 500 feet below and 2,000 feet horizontally from a few or scattered cloud layer . All operations will be co nducted during visual meteorological conditions as determined by the PIC from NOAA approved aviation weather sources

. 3. All operations will be conducted in accordance with a Certificate of Waiver or Authorization ("CO A'') and or Letter of Approval (“LOA” ) when operating in controlled airspace

. 4. All operations will use a pilot

- in

- command ("PIC") and a visual observer ("VO") when available, and the UAS will remain within the visual line of sight of the PIC or the VO at all times. The PIC will maintain VLOS capability and the ability to communicate verbally with the VO at all times. 5. The PIC will hold an airline transport pilot, commercial, private or sports pilot certificate , and a valid US driver’s license until new FAA regulations alter the restrictions on commercial sUAS operations . The PIC will meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
6. Dynamic UAS, LLC will ensure prior to operation that the PIC has demonstrated the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and struct ures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 C.F.R. § 61.51(b).4
7 . Prior to each flight, the PIC will conduct a pre

-flight inspection and determine the UAS is in a condition for safe flight. If the insp ection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the U AS is found to be in a condition for safe flight.
8 . Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this exemption, and signed off in the appropriate sUAS airframe log.
9. Dynamic UAS, LLC will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements, as well as sa fety bulletins, for the sUAS and sUAS components. 10 . The PIC will abort the flight in the ev ent of unpredicted obstacles or emergencies, and will yield to all manned aviation activities.
11

. Operations must not interfere with manned aircraft operations, must yield the right of way to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times; Operations limited to Visual Flight Rules Meteorological Conditions (VMC);
12

. All operations conducted within 5 miles from an airport shall only be initiated after verbalcoordination with the airport authority, or air traffic control when a control tower is present at the

airport after a COA and or LOA letter have been granted for that controlling agency; 13

. All operations shall comply with required permissions and permits establish ed by territorial, state, county or city jurisdictions; including local law enforcement, fire, or other appropriate governmental agencies;
14

. The DJI Phantom 3 Professional/Inspire 1 Pro/Yuneec Q500 operations will be compliant with existing safety proce dures inherent to the activities of Dynamic LLC

.

CONCLUSION We respectfully request exemption under Section 333 to enable Dynamic UAS, LLC to operate efficient, limited, low

- risk commercial sUAV operations for the activities stated, respecting at all tim es the space and privacy of citizens and property whilst keeping our skies safe. Sincerely, Dynamic UAS, LLC 833 Lake Hollow Dr Little Elm, TX 75068

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION Dynamic UAS, LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3 Professional /Inspire 1 Pro/Yuneec Q500 : 14 C.F.R. Part 21, Subpart H: Ai rworthiness Certificates 14 CFR § 91.203 Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness c ertificates as required by FAR § 91.203(a). Given the size of the DJI Phantom 3 Professional /Inspire 1 Pro/Yuneec Q500 , it is small (59cm diagonally including propellers ) lightweight (under 55 pounds) and the limited operating area associated with its util ization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Secti on 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these differentcriteria demonstrate that the DJI Phantom 3 Professional / Inspire 1 Pro/Yuneec Q500 op erated without

an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. 14 CFR § 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entranc e in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information at the ground station. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate wi thin 1 NM of the ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. 14 CFR § 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privi leges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in c onnection 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. Our proposed operations require that the PIC must hold at l east a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 14 C.F.R. § 61.113(a ) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations. The regulation provides that no person may serve as a required pilot flight crew member of a civil aircraft of the United States, u nless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorizatio n. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compen sation or hire. Subparagraph (b) allows a private pilot to 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; (2) The aircraft does not carry passengers or property for compensation or hire. Given the safety features of the DJI Phantom 3 Professional/Inspire 1 Pro/Yuneec Q500, and the fact that the missions are monitored in real

-time, we, Dynamic UAS, LLC, propose that operators of the DJI Phant om 3 Professional / Inspire 1 Pro/Yuneec Q55 should not be required to hold a commercial or private pilotce rtification. Instead, operators should be required to have successfully completed and passe d an FAA

approved ground school (minimum) and hold the app ropriate class level of airman medical certificate. 14 CFR § 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 CFR § 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the cr ew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, fligh t. 14 CFR § 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The regulation states "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground based control station consists of a small hand

- held radio transmitter and while it does not offer a second set of "controls", the DJI Phantom 3 Professional /Inspire 1 Pro does o ffer a “Smart” flying mode that consists of a geo fence . This geo fence prevents the sUAV from traveling no further than 1/2 mile away from the operator. The DJI Phantom 3 Professional /Inspire 1 Pro/Yuneec Q500 has a “return to home” feature that automatically flies and lands itself back to the original take o ff point. It also features a “failsafe return” feature, where if communications are lost with the controller, the DJI Phantom 3 Professional /Inspire 1 Pro/Yuneec Q500 will automatically return to its point

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- origin and safely land. Any new PIC, which has completed an FAA approved ground school and holds the proper class level airman medical certificate, will fly in “smart” mode in a controlled environment until deemed safe to operate the unit on his/her own. 14 CFR § 91.119 Minimum safe altitudes: General

. The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre

- plann ing has been conducted. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore, we maintain that due to the small size of the UAS, the haza rd to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 14 CFR § 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference t o an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to the display screen held by the PIC, providing a constantly updated AGL readout.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 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. We feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration of flight from a si ngle battery charge is 25 minutes. Since the aircraft will never be flown more than 1.2 NM from the point of intended landing, a full batt ery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. Further, a “bingo” calculation will be conducted and monitored to ensure the sUAS can safely return to its point

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- origin without undue risk exposure. We reque st an exemption to the word "fuel" and ask for an equivalent interpretation with the word “energy". 14 CFR § 91.203 (a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." Wit hout a storage compartment, and weighing 1280g and 3400g (including battery and propellers), the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propos e that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR § 45.23. 14 CFR Subpart E (§ 91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations. The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 an d 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service". The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairin g small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.
ANNEX B: DJI PHANTOM 3 PROFESSIONAL USER MANUAL. http://download.djiinnovations.com/downloads/phantom_3/en/ Phantom_3_Professional_User_Manual_v1.2_en.pdf ANNEX C: DJI PHANTOM 3 PROFESSIONAL AIRCRAFT SPECIFICATIONS. http:// www.dji.com/product/phantom

- 3/specANNEX C: DJI Inspire 1 Pro AIRCRAFT SPECIFICATIONS

http://www.dji.com/product/inspire

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ANNEX B: DJI Inspire 1 Pro USER MANUAL http://www.dji.com/product/inspire

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Yuneec Typhoon Q500 User Manuel : https://www.yuneec.com/download/manuals/Typhoon%20Q500%204k

- %20User%20Manual%20V12302015.pdf Quick Start/Aircraft Specifications: https://www.yuneec.com/download/manuals/q500_4k_quick_start_guide.pdf