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

Subject: Petition for Exemption under 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 Phantom 3 Professional/Inspire 1 Pro/ Yuneec Typhoon Q500 Aircraft Specifications

Enclosure 1: Operator Checklist

Dear Sir/Madam:

This petition is being submitted on our behalf without legal counsel or consulting services.

Pursuant to Section 333 of the 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 operations 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 pursue 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 Estate Surveying, Evaluation, and Marketing

Agricultural and Geological Surveying and Research

3D Mapping, Commercial/Residential Roof Inspections/Construction Project Progression

Cell Phone Tower/ Radio Tower Inspections

Wildlife, Forestry, and Rangeland Research and Management

Law Enforcement Aid and Surveillance 

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 company 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/Yuneec 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. Light weight. The 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 electricpowered 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 and 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 suspend 
automated operations and take manual control of the aircraft by way of a remote control should 

it become necessary to respond emergent circumstances.

1. APPLICATIONS AND ADDED PUBLIC VALUE 

There is enormous marketing value and a growing demand for aerial photography in real estate. 

Recently, the 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 those granted the 333 Exemption. More companies, organizations, and 

government entities are recognizing the need to contract licensed professionals and reduce liability, 

where safety 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 better 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 users in the area.

c. Rangeland: Rangeland professionals 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 conditions 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

Altitude no greater than 400 feet above ground 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 conducted 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 ("COA'') 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 structures. 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 inspection 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 UAS 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 safety bulletins, for the sUAS and

sUAS components.

10. The PIC will abort the flight in the event 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 verbal
coordination 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 established 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 procedures 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 times 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: Airworthiness 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 certificates 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 utilization, 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 Section 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 different
criteria demonstrate that the DJI Phantom 3 Professional/ Inspire 1 Pro/Yuneec Q500 operated 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 entrance 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 within 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 privileges 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 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. Our proposed operations require that the PIC

must hold at least 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, unless 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 authorization.

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 compensation 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 Phantom 

3 Professional/ Inspire 1 Pro/Yuneec Q55 should not be required to hold a commercial or private pilot 
certification. Instead, operators should be required to have successfully completed and passed an FAA 

approved ground school (minimum) and hold the appropriate 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 crew 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, flight.

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 offer 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 off 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-of-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-planning 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 hazard 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 to 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 single 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 battery 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-of-origin

without undue risk exposure. We request 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." Without 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 propose 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 and

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 repairing 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/spec
ANNEX C: DJI Inspire 1 Pro AIRCRAFT SPECIFICATIONS

http://www.dji.com/product/inspire-1-pro-and-raw/spec

ANNEX B: DJI Inspire 1 Pro USER MANUAL

http://www.dji.com/product/inspire-1-pro-and-raw/download

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