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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

1

24 August 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Filed at www.regulations.gov

SUBJECT: Petition for exemption under Section 333 of the FAA Reform Act and Part 11

of the Federal Aviation Regulations to allow use of small unmanned aerial systems by

employees of Dynamic Aerospace Technologies for commercial use.

Dear Sir or Madam:

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

14 C.F.R. Part 11, Dynamic Aerospace Technologies, LLC. (DynAeroTech), respectfully

requests exemptions from several provisions of the Federal Aviation Regulations (FAR),

specifically portions of Title 14 of the Code of Federal Regulations (CFR) Parts 45,61,

and 91 to allow commercial operations of its fleet of small Unmanned Aircraft Systems

(sUAS) in the Continental United States (CONUS) by trained DynAeroTech employees

for safe aerial photogrammetry, imaging, surveying, mapping, monitoring and

inspection, tracking, education, and search and rescue applications, so 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.

This request stems from a strong safety culture and conservative risk-based approach

towards sUAS operations derived from extensive experience with military and

commercial aviation. The grant of an exemption is consistent with the intent of the

Congress, as shown in Section 333 of the FAA Modernization and Reform Act of 2012

(Section 333) that safe systems be permitted into the National Airspace System (NAS)

prior to the issuance of final regulations governing general use of these systems.

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- Gustavo A. Hernandez

President/CEO

Dynamic Aerospace Technologies, LLC.
DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dvnaerotechcom

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Abbreviations

AGL

ATC

CFR

COA

CONUS

DynAero Tech

FAA

FAR

GCS

GPS

NAS

PIC

PO

Section 333

sUAS

UA

UAS

VO

VLOS

Above Ground Level

Air Traffic Control

Code of Federal Regulations

Certificate of Waiver or Authorization

Continental United States

Dynamic Aerospace Technologies, LLC.

Federal Aviation Administration

Federal Aviation Regulations

Ground Control Station

Global Positioning System

National Airspace System

Pilot in Command

Payload Operator

FAA Modernization and Reform Act of 2012, Section 333

small Unmanned Aircraft System

Unmanned Aircraft

Unmanned Aircraft System

Visual Observer

Visual Line of Sight

Background Information

Dynamic Aerospace Technologies, LLC. is a new modern company designed and

structured to capitalize on today's industrial technological innovations by bringing next

generation applications, tools, services and efficiencies to a broad base of customers

ranging from defense, aerospace, local, state, federal and commercial. By leveraging a

blend of seasoned industry experts with youthful innovation, we plan to provide

customers superior, cost effective, low risk and high performing solutions. Our team is

postured to provide professional, engineering, scientific, technical, advisory and

assistance, management, geographical surveying, environmental, telecommunication

and information technology services and solutions that fully employ today's new

technologies, cloud capabilities, distributed communications, collaborative platforms and

social media. We are building a foundation for customer service success that is set for

many decades to come.

DynAeroTech is largely comprised of prior US military personnel with decades of

experience with military and civil flight including piloting, flight testing, and extensive

knowledge and respect for the FARs that govern and certify manned aircraft. One
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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important segment of DynAeroTech's growing business is sUAS operations. The

requested exemption would authorize commercial operations by Dynamic Aerospace

Technologies using its sUAS fleet for aerial photogrammetry, imaging, surveying,

mapping, monitoring and inspection, tracking, education, and search and rescue

applications.

14 CFR § 11.81 (a) - Contact Information

Gustavo A. Hernandez

Dynamic Aerospace Technologies, LLC.

9275 N. Union Blvd, Suite 140-206

Colorado Springs CO 80920

Phone: (719) 596-9777

Email: ghernandez@dynaerotech.com

Website: http://www.dynaerotech.com

14 CFR § 11.81 (b) - Specific Sections of the Title 14 Code of Federal

Regulations from which Dynamic Aerospace Technologies requests

exemption

Title 14 of the Code of Federal Regulations (14 CFR) governs the manner in which all

aircraft and pilots operate within the National Airspace System (NAS). Due to the nature

of their systems and operation, small Unmanned Aircraft Systems (sUAS) are unable to

comply with certain sections of 14 CFR as the regulations were written prior to the

consideration of small UAS operating within the NAS. DynAeroTech is requesting an

exemption from certain parts of 14 CFR cited below in addition to such further

exemptions and relief as the FAA may determine is necessary to permit the operations

described herein:

• 14 CFR Part 21, Subpart H - Airworthiness Certificates

• 14 CFR §45.23 (b) - Requirement to display registration number on vehicle

• 14 CFR §61.101 (e)(4) and (5) - Recreational pilot privileges and limitations

• 14 CFR 61.113 (a) and (b) - Private pilot privileges and limitations: Pilot in

command

• 14 CFR §61.315 (a) - Privileges and limits of a sport pilot certificate

• 14 CFR 91.7 (a) - Civil aircraft airworthiness

• 14 CFR §91.9 (b) (2) - Civil aircraft flight manual, marking, and placard

requirements

• 14 CFR §91.103 (b) - Preflight Action

• 14 CFR §91.109 - Requirement for dual controls during flight instruction
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dvnaerotech.com

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• 14 CFR 91.119 - Minimum safe altitudes

• 14 CFR 91.121 - Altimetersetlings

• 14 CFR 91.151 (a) - Fuel requirements for flight in VFR conditions

• 14 CFR § 91.203 (a) & (b) - Requirement for registration and airworthiness

certificates to be onboard

• 14 CFR §91.205 (b) - Cockpit instruments

• 14 CFR § 91.405 (a) - Maintenance required

• 14 CFR §91.407 (a)(1) - Operation after maintenance, preventive maintenance,

rebuilding, or alteration

• 14 CFR § 91.409 (a)(1) and (a)(2) - Inspections

• 14 CFR §91.417 (a) and (b) - Maintenance records

14 CFR § 11.81 (c) - The extent of the relief Dynamic Aerospace

Technologies seeks and reasons for relief

Introduction

Dynamic Aerospace Technologies, LLC. (DynAeroTech) will operate as safely as

possible, taking every precaution to minimize risk to the National Airspace System

(NAS) or to persons and property on the ground. DynAeroTech is largely comprised of

prior US military personnel with decades of experience with military and civil flight,

including flight test, and extensive knowledge and respect for the FARs that govern and

certify manned aircraft. DynAeroTech's proposed exemptions will not adversely affect

safety to persons or property due to the company's following the strict guidance set forth

by its procedures and the operators' years of experience. By allowing DynAeroTech to

operate commercially, the company's pilots will be able to gain valuable real world

experience that is unatlainable from any other means and customers will benefit from

reduced cost and increased efficiency and safety. This experience will allow

DynAeroTech to implement existing techniques and protocols as well as develop new

ones. DynAeroTech is working diligently to create its sUAS Flight Operations Manual

that, among other things, defines the following:

• Safety management system

• Pilot in Command (PIC) qualifications, duties, evaluation, and currency

requirements

• Visual Observer (VO) qualifications, duties, evaluation, and currency

requirements

• Payload Operator (PO) qualifications, duties, evaluation, and currency

requirements

• Pre-flight and post-flight requirements and reviews

• Crew resource management standards
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

5

Dynamic Aerospace Technologies will comply with all current and future Federal

Aviation Regulations (FARs) and upon approval of this petition for exemption,

DynAeroTech's sUAS Flight Operations Manual will be completed and used for flight

operations. The manual will be a living document and will be periodically updated with

changes in FARs, sUAS characteristics, and improved safety practices.

DynAeroTech asserts it is significantly safer to operate a battery powered, lightweight,

sUAS piloted by FAA licensed pilots than manned alternatives, the latter of which are

not even affordable or practical for several of the missions DynAeroTech will pursue.

Most importantly, the potential loss of life is greatly reduced due to the slow speed,

combined light weight of vehicle and payload, and low operating altitudes, as well as

flying in airspace segregated from airports and dense populations. DynAeroTech's

sUAS are battery powered and carry no fuel or flammable liquids, thus greatly reducing

the potential for fire or explosions. Further, the small size and extreme maneuverability

of our sUAS allows our PIC to avoid hazards. Given their small size and weight, they

pose far less of an environmental and noise impact than conventional manned aircraft

and helicopter systems available today. Finally, implementation of autonomous flight

safety software allows for safe recovery of the vehicle in the unlikely event of a loss of

the command and control link.

The requested exemption would authorize commercial operations by Dynamic

Aerospace Technologies using its sUAS fleet comprised of the OGI Phantom 3, OGI

Inspire 1, OJI Spreading Wings S900, 3D Robotics Solo, 30R Aero M, PrecisionHawk

Lancaster, Parrot senseFly eXom, and senseFly e8ee Ag/RTK for aerial

photogrammetry, imaging, surveying, mapping, monitoring and inspection, tracking,

education, and search and rescue applications, and the UOI U818A and Cheerson CX10 sUAS for educational applications.

14 CFR Part 21 Subpart H - Airworthiness Certificates

This regulation is designed for larger, manned aircraft and is not suitable for off-theshelf sUAS. FAR section: 14 CFR Part 21 Subpart H, entitled Airworthiness

Certificates, establishes the procedural requirements for the issuance of airworthiness

certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated with the sUAS aircraft to be utilized by the DynAeroTech, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety under

Part 11 and Section 333 of the Reform Act, upon consideration of the size, weight,

speed, maneuverability, and proximity to airports and populated areas of the particular

UAS. Our small unmanned aircraft will be operated at low speed in a controlled

environment, far from airports and densely populated areas, and carry neither humans

nor explosive materials or flammable liquid fuels. Further, application of these same

criteria demonstrates that there is no credible threat to national security posed by the
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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sUAS, due to its size, speed of operation, location of operation, lack of explosive

materials or flammable liquid fuels. Finally, the FAA has previously approved numerous

exemptions to this regulation for sUAS.

OynAeroTech Fleet sUAS Characteristics

Dynamic Aerospace Technologies has initially partially acquired and will operate an

sUAS fleet comprised of the OJI Phantom 3, OJllnspire 1, OJI Spreading Wings S900,

3D Robotics Solo, 30R Aero M, PrecisionHawk Lancaster, Parrot sense Fly eXom and

sense Fly eBee Ag/RTK for commercial operations and the UOI U818A and Cheerson

CX-10 sUAS for educational applications.

The OJI Phantom 3 is an electrically powered rotary wing sUAS with a gross weight,

excluding payload, of 2.92 Ib (1.28 kg). It has a maximum flight time of about 23

minutes and a maximum speed of 35.8 mph (57.6 km/h). The vehicle has a diagonal

size of about 23 inches (59 cm), including propellers. The flight vehicle is powered by a

4480 mAh lithium-ion polymer LiPo 4S battery and operates at 15.2 V; the controller is

powered by a 6000 mAh rechargeable lithium-ion polymer LiPo 2S battery and operates

at 7.4 V.

The OJllnspire 1 is an electrically powered rotary wing sUAS with a gross lift-off weight,

including payload, of 6.5 Ib (2.935 kg). The vehicle measures approximately 17.3 x 17.7

x 11.8 inches (44 x 45 x 30 ern), has a maximum flight time of about 18 minutes, a

maximum speed of about 49 mph (22 m/s), and a ceiling of 14.8 kft (4500 m). The flight

vehicle is powered by a TB47 Intelligent Battery, a lithium-ion polymer at 4500 mAh,

and operates at 22.2 V; the controller is powered by a rechargeable lithium-ion battery

at 6000 mAh, 7.2 V

The OJI Spreading Wings S900 is an electrically powered, rotary wing sUAS with a

gross lift-off weight of about 10.4 to 18.1 Ib (4.7 to 8.2 kg), depending upon payload

weight, and a diagonal wheelbase of about 2.9 ft (0.90 m). The flight vehicle is powered

by a6S 1~000mAh battery, providing a hover time of about 8 minutes with a 6.8 kg

payload.

3D Robotics Solo is an electrically powered rotary wing sUAS with a gross lift-off weight,

including payload, of 3.9 Ib (1.8 kg). It has a maximum flight time of about 20 minutes, a

maximum speed of 55 mph (89 km/h), and a maximum range of 0.5 miles (0.8 km). The

3D Robotics Solo uses a 3DR secure WiFi network communication link operating at a

frequency of 2.4 GHz. The vehicle is approximately 10 inches (25 cm) tall and has a

diameter of 18 inches (46 ern) motor-to-motor. The flight vehicle is powered by a

lithium-ion polymer flight battery at 5200 mAh, 14.8 Vdc; the controller is powered by a

rechargeable lithium-ion battery at 2600 mAh, 7.2 V.
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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The 30R Aero M is an electrically powered, fixed wing, pusher propeller, sUAS with a

gross lift-off weight of about 6.8 to 7.9 Ib (3.1 to 3.6 kg), depending upon payload

weight. The vehicle has a wingspan of 74 in (188 ern), a total length of 51 in (129 cm)

length, and a maximum flight time of about 40 minutes. The UA is powered by a 4S

6000 mAh 35C lithium polymer battery.

PrecisionHawk Lancaster is an electrically powered, fixed wing sUAS with a gross lift-off

weight of about 5.3 to 7.3 Ib (2.4 to 3.3 kg), depending upon payload weight.

The Parrot senseFly eXom is an electrically powered rotary wing sUAS with a gross liftoff weight, including payload, of 3.7 Ib (1.7 kg), including battery, payload, and

shrouding. It has a maximum flight time of about 22 minutes, a maximum air speed in

automatic flight mode of 18 mph (29.0 km/h) and in manual flight mode of 27 mph (43.4

km/h), and a maximum range of 1.2 miles (2 km). The senseFly eXom uses shrouding

around its four propellers for enhanced operational safety and has navigational lights as

well as anti-collision strobe lights. The vehicle measures approximately 22 x 32 x 7

inches (56 x 80 x 17 cm) and is powered by a three cell lithium-ion polymer flight battery

at 8500 mAh.

The senseFly eBee Ag/RTK is an electrically powered, pusher propeller, fixed wing

sUAS with a gross lift-off weight, including payload, of about 1.6 Ib (0.71 kg). It is

constructed of EPP foam, carbon structure and composite parts and has a wing span of

38 inches (96 cm) and a maximum flight time of about 45 minutes. The UA is powered

by a lithium-ion polymer flight battery at 2150 mAh, 11.1 Vand has a nominal cruise

speed of 25-56 mph (11-25 rn/s).

The Cheerson CX-10 Mini quadcopter is a very small, inexpensive (a few inches in

diameter), electrically powered, rotary wing, entry level drone weighing just a few

ounces with a maximum flight time of just a few minutes. The UOI U818A is similar to

the Cheerson, and is powered by a 500mAh battery, providing a flight time of 6 to 9

minutes. Both vehicles are very short range micro UAs; the UDI, for example, can only

be operated from a distance of up to 30 meters away. DynAeroTech plans to employ

these two micro sUAS only for educational applications and not for certification or

qualification purposes.

Airworthiness Assessment of the OynAeroTech Fleet

Dynamic Aerospace Technologies notes that both the DJI Phantom 3 sUAS and the 3D

Robotics Solo sUAS, including the aircraft, the flight software, and the controllers, are

mature and established systems. Indeed, these companies and products are among the

leaders of the industry. The airworthiness of the both the DJI Phantom 3 sUAS and the

3D Robotics Solo sUAS have been demonstrated extensively prior, and a large number

of exemptions have already been granted by the FAA for either these specific sUAS or

for very similar models (e.g.11433 and 11419 for 3D Robotics, and 11434, 12051, and
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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12047 for OJI Phantom). The Parrot senseFly eXam has even more sophisticated flight

software, including: automated system checks; automated take-off & landing; real-time

flight status; main camera, navigation, and thermal camera video feed integration, fully

automatic flight; and black-box recording of all flight and mission parameters, which

should make it even safer than the other sUAS in OynAeroTech's fleet. The

airworthiness of several senseFly sUAS models have also been demonstrated

extensively prior and a large number of exemptions have already been granted by the

FAA for similar models (e.g.11339 and 12040), and the Parrot senseFly eXom received

an exemption just last week (11373A). The PrecisionHawk Lancaster and the OJI

Spreading Wings S900 have also received FAA exemptions (11345 and 11289A,

respectively) .

14 CFR §45.23 (b) - Requirement to display registration number on vehicle

This regulation is designed for larger, manned aircraft and is not suitable for off-theshelf sUAS. There is insufficient area on small unmanned aircraft to use the specified

two-inch lettering. OynAeroTech will mark every sUAS with the largest possible

identification lettering, within reason. The FAA has previously approved numerous

exemptions to this regulation for sUAS.

The following three FAR Sections are addressed collectively:

14 CFR § 61.101 (e)(4) and (5) - Recreational pilot privileges and limitations

14 CFR §61.113 (a) & (b) - Private pilot privileges and limitations: Pilot in command

14 CFR §61.315 (a) - Privileges and limits of a sport pilot certificate

Sections 14 CFR 61.101 (e)(4) and (5),61.113 (a) & (b), and 61.315(a) limit

recreational, private, and sport pilots, respectively, to non-commercial operations.

Because the sUAS will not carry a pilot or passengers, the proposed commercial

operations of sUAS by OynAeroTech can achieve the equivalent level of safety of

operations under current regulations.

All operations will utilize a visual observer (Va). The va may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The va and

PIC will communicate verbally at all times. It is the responsibility of the PIC to be aware

of the va's visual limitations and limit operations of the sUAS to distances within the

visual capabilities of both the PIC and VO. The va will not be operating the aircraft.

Many planned operations, especially the more complex ones, will utilize a payload

operator (PO). For these operations the PO will operate the payloads to enhance
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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mission effectiveness and increase safety, the latter by providing more focus on piloting

and reducing the workload on the PIC. The PO will not be operating the aircraft.

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely

controlled with no living thing or cargo on board. The area of operation is controlled and

restricted, and all flights are planned and coordinated in advance.

The risks associated with the operation of the UAS are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, that

allowing operations of the sUAS as requested above with a PIC and a VO exceeds the

present level of safety achieved by 14 CFR 61.101 (e)(4) and (5),61.113 (a) & (b), and

61.315(a).

Finally, the FAA has previously approved numerous exemptions to these regulations for

sUAS.

14 CFR §91.7 (a) - Civil aircraft airworthiness

This regulation is designed for larger, manned aircraft and is not suitable for off-theshelf sUAS. DynAeroTech will inspect sUAS and use safety checklists prior to each

flight to ensure airworthiness and provide an equivalent level of safety. The FAA has

previously approved numerous exemptions to this regulation for the specific models of

sUAS Dynamic Aerospace Technologies will fly.

14 CFR §91.9 (b) (2) - Civil aircraft flight manual, marking, and placard requirements

This regulation is designed for larger, manned aircraft and is not suitable for off-theshelf sUAS. There will be neither anyone aboard to read the manual nor room or

capacity to carry such an item on the UA. The equivalent level of safety will be

achieved by DynAeroTech by keeping the sUAS Flight Operations Manual at the ground

control point where the pilot in command (PIC) flying the sUAS will have immediate

access to it.

The requested relief of this FAR Section may not be necessary due to the FAA

Memorandum, "Interpretation regarding whether certain required documents may be

kept at an unmanned aircraft's control station," dated August 8,2014. In addition, the

FAA has issued numerous exemptions to this regulation for small unmanned aircraft.

14 CFR §91.103(b) - Preflight action
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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This regulation is designed for manned aircraft and is not suitable for off-the-shelf

sUAS. The DynAeroTech sUAS PIC will provide an equivalent level of safety by taking

a number of preflight actions, including checking for weather conditions, checking flight

battery requirements, checking wind, temperature, and other weather conditions,

checking flight altitudes above ground level (AGL), and all other actions in the Preflight

Checklist.

The FAA has previously approved numerous exemptions to this regulation for sUAS.

14 CFR § 91.109 - Requirement for dual controls during flight instruction

This regulation is designed for manned aircraft and is not suitable for off-the-shelf

sUAS. Since there is no one aboard to operate dual controls, this requirement is not

appropriate for a small UA. By design, small unmanned aircraft do not have fully

functional dual controls and are instead controlled via use of a control box by the pilot

that communicates with the aircraft via radio communications. The equivalent level of

safety is provided by the fact that the aircraft is unmanned, the ability to control the UAS

via radio signals from the controller, and by the size, light weight, and slow speed of the

aircraft, as well as the small payload, low altitude flight, and short flight duration.

The FAA has previously approved numerous exemptions for small unmanned aircraft

without dual controls.

14 CFR § 91.119 - Minimum safe altitudes

sUAS safety requires operation below these altitudes. DynAeroTech will operate its

entire sUAS fleet from 0 to 400 feet AGL. The equivalent level of safety is provided by

the fact that the aircraft are unmanned, the ability to control the UAS via radio signals

from the controller, and by the size, light weight, and slow speed of the aircraft, as well

as the small payload, low altitude flight, and short flight duration.

The FAA has previously approved numerous exemptions for small unmanned aircraft

for 14 CFR § 91.119.

14 CFR § 91.121 - Altimeter settings

This regulation is designed for manned aircraft and is not suitable for off-the-shelf

sUAS. Since no one is aboard to read an altimeter, this requirement is not appropriate

for a UA. Small unmanned aircraft typically use GPS to determine operating altitude

instead of a barometric pressure altimeter. The sUAS will automatically provide

. onboard GPS altitude information to the pilot via a radio communications telemetry data
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

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link for active monitoring of the flight information. The equivalent level of safety will be

achieved by OynAeroTech by confirming the altitude of the launch site shown on the

GPS altitude indicator before flight.

The FAA has previously approved numerous exemptions to this regulation for small

unmanned aircraft.

14 CFR §91.151 (a) - Fuel requirements for flight in VFR conditions

This regulation is designed for large aircraft and is not suitable for off-the-shelf sUAS.

Vehicle does not use fuel. Current technology small unmanned aircraft employ a

battery that provide short flight times that make 14 CFR § 91.151 (a) specified reserve

flight time requirements impossible or unreasonable. An equivalent level of safety can

be achieved by limiting flights to employ battery reserve to ensure that the sUAS lands

at the ground station with at least 20% of battery power. The small unmanned aircraft

systems employed by OynAero Tech have onboard power management systems that

continuously monitor flight time and amount of battery power remaining and they

transmit this information to the pilot in real-time. In addition the sUAS systems provide

an automatic command to cause the small unmanned aircraft to return to the launch

point when critical minimum voltage is reached as prescribed by the pilot.

The FAA has previously approved numerous exemptions to this regulation for small

unmanned aircraft.

14 CFR §91.203 (a) & (b) - Requirement for registration and airworthiness certificates

to be onboard

This regulation is designed for manned aircraft and is not suitable for off-the-shelf

sUAS. Since neither anyone is aboard to read the certificates nor volume exists to carry

such an item on the aircraft, this requirement is not appropriate for a UA. The

equivalent level of safety will be achieved by OynAeroTech by keeping these

documents at the ground flight control point where the pilot flying the small unmanned

aircraft will have immediate access to them, to the extent they are applicable to the

sUAS.

The FAA has previously approved numerous exemptions for sUAS for 14 CFR § 91.203

(a) & (b). The requested relief of this FAR Section may not be necessary due to the

FAA Memorandum, "Interpretation regarding whether certain required documents may

be kept at an unmanned aircraft's control station," dated August 8,2014.

14 CFR § 91.205 (b) - Cockpit instruments
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9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http.1lwww.dvnaerotech.com

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This regulation is designed for manned aircraft and is not suitable for off-the-shelf

sUAS. Since no one is aboard to read cockpit instruments, this requirement is not

appropriate for a UA.

The FAA has previously approved numerous exemptions to this regulation for sUAS.

The following four FAR Sections are addressed collectively:

14 CFR §91.405 (a) - Maintenance required

14 CFR § 91.407 (a)(1) - Operation after maintenance, preventive maintenance,

rebuilding, or alteration

14 CFR § 91.409 (a)(1) & (a)(2) -Inspections

14 CFR §91.417 (a) & (b) - Maintenance records

These regulations require maintenance, inspections, and documentation thereof. Since

these regulations are only applicable to aircraft with an airworthiness certificate, they

are hence not applicable to a sUAS. The equivalent level of safety will be achieved by

OynAeroTech due to the size, light weight, and slow speed of the aircraft, as well as the

small payload, low altitude flight, and short flight duration, and the OynAeroTech

requirement that the PIC will ensure the UAS is in good working condition prior to flight,

perform required maintenance, and keep a log of any maintenance performed. The PIC

will follow the operations and maintenance procedures outlined in OynAeroTech's sUAS

Flight Operation Manual at all times. Prior to each flight the PIC will inspect the sUAS to

ensure it is in a condition for safe flight as outlined in OynAeroTech's sUAS Flight

Operation Manual. If the inspection reveals a condition that affects the safe operation of

the UAS, the aircraft is prohibited from operating until the necessary maintenance has

been performed and the UAS is found to be in a condition for safe flight and tested via a

functional test flight. Any UA that has undergone maintenance or alterations that affect

the sUAS operation or flight characteristics will undergo a functional test flight in

accordance with OynAeroTech's sUAS Flight Operation Manual prior to conducting

further operations. OynAeroTech will follow the UAS manufacturer's maintenance,

overhaul, replacement, inspection, safety bulletins, and life limit requirements for the

aircraft and aircraft components. Finally, since the sUAS will operate at altitudes less

than 400 ft AGL, the sUAS can be landed very quickly if mechanical issues arise.

The FAA has previously approved numerous exemptions for sUAS for 14 CFR § 91.407

(a)(1) , 14 CFR §91.409 (a)(1) & (a)(2), and 14 CFR § 91.417 (a) & (b).

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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http.Jlwww.dynaerotech.com

13

14 CFR § 11.81 (d) - The reasons why granting your request would be

in the public interest; that is, how it would benefit the public as a

whole

Granting the exemption would further public interest by allowing DynAeroTech to safely,

efficiently, and economically perform sUAS commercial operations of value to the

public. An overarching goal is to safely integrate sUAS into aerial photogrammetry,

imaging, surveying, mapping, monitoring and inspection, tracking, education, and

search and rescue applications that are either currently not provided or currently

provided at far higher costs and risk. With a strong safety and risk culture and decades

of military aviation experience, our team will ensure safe sUAS integration and

operation into the NAS and provide valuable services to the public.

14 CFR § 11.81 (e) - The reasons why granting the exemption would

not adversely affect safety, or how the exemption would provide a

level of safety at least equal to that provided by the rule from which

you seek the exemption

DynAero Tech proposes that the exemption requested herein apply to sUAS that have

the characteristics and that operate with the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations with

manned aircraft under the current regulatory structure.

OynAeroTech's Flight Rules

The following describe the flight rules DynAeroTech will use when conducting its sUAS

operations under an FAA issued exemption:

1. The maximum take-off weight of the UA (unmanned aircraft), including payload,

will be less than 55 pounds.

2. The UA will not be operated at airspeeds greater than the maximum UA

operating speed recommended by the aircraft manufacturer, and will not be

flown with an indicated air speed exceeding 100 mph (87 knots).

3. Flights will be operated at or below an altitude never exceeding 400 feet AGL.

4. The UA will be operated within visual line of sight (VLOS) of the PIC at all times.

The PIC will only use human vision unaided by any device other than corrective
· yndmic

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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dvnaerotech.com

14

lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S.

driver's license.

5. All operations will utilize a visual observer ryO). The UA will be operated within

VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The VO and

PIC will have the ability for constant verbal communication at all times; electronic

messaging or texting will not be permitted during flight operations.

6. Many planned operations, especially the more complex ones, will utilize a

payload operator (PO). For these operations the PO will enhance mission

effectiveness and increase safety, the latter by providing more focus on piloting

and reducing the workload on the PIC. The PO will not operate the aircraft.

7. The PIC will be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC will ensure that the VO can

perform the duties required of the VO.

8. The PIC will follow the operations and maintenance procedures outlined in

DynAeroTech's sUAS Flight Operation Manual at all times. Prior to each flight

the PIC will inspect the sUAS to ensure it is in a condition for safe flight as

outlined in DynAeroTech's sUAS Flight Operation Manual. If the inspection

reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed

and the UAS is found to be in a condition for safe flight and tested via a

functional test flight, as required

9. Any UA that has undergone maintenance or alterations that affect the sUAS

operation or flight characteristics will undergo a functional test flight in

accordance with DynAeroTech's sUAS Flight Operation Manual prior to

conducting further operations. Functional test flights will only be conducted by a

PIC with a VO and the UA will remain at least 500 feet from other people. The

functional test flight must be conducted in such a manner so as to not pose an

undue hazard to persons and property.

10. DynAeroTech will follow the UAS manufacturer's maintenance, overhaul,

replacement, inspection, safety bulletins, and life limit requirements for the

aircraft and aircraft components.

11. The PIC will hold either an airline transport, commercial, private, recreational, or

sport pilot certificate. The PIC must also hold a current FAA airman medical

certificate or a valid U.S. driver's license issued by a state, the District of
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

15

Columbia, Puerto Rico, a territory, a possession, or the Federal government.

The PIC must also meet the flight review requirements specified in 14 CFR §

61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

12. DynAeroTech will not permit any PIC to operate unless that PIC has

demonstrated through DynAeroTech's training and currency requirements that

the PIC is able to safely operate the sUAS in a manner consistent with how the

sUAS will be operated as outlined in the DynAeroTech sUAS Flight Operation

Manual, including evasive and emergency maneuvers and maintaining

appropriate distances from people, vessels, vehicles and, structures, and other

objects.

13. PIC qualification flight hours and currency must be logged in a manner

consistent with 14 CFR § 61.51 (b). Flights for the purposes of training the

operator's PICs and VOs (training, proficiency, and experience-building) and

determining the PIC's ability to safely operate the sUAS in a manner consistent

with how the sUAS will be operated under this exemption are permitted under

the terms of this exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UA with appropriate

distance from nonparticipants in accordance with 14 CFR § 91.119.

14. DynAeroTech will conduct extensive briefings prior to flight, emphasizing safety,

crew duties, weather, and mission requirements. Post flight briefings will also be

conducted to assess mission performance and safety. DynAeroTech actively

analyzes electronic flight data and other sources of information to constantly

update and enhance safety protocols.

15. As a safety margin, DynAeroTech will land each UA with at least five minutes of

battery power remaining or with the reserve battery power recommended by the

manufacturer, whichever is greater.

16. DynAeroTech will only operate in secured areas that are strictly controlled, are

away from congested or densely populated areas, and are at least 5 nautical

miles from airports. Security will be established for the operations area at a

minimum as part of the pre-flight inspections. Each person within the operations

area will be briefed about the sUAS flight and give consent to be in the

operations area.

17. In the extremely rare event an operation needs to be conducted closer to an

airport (e.g. search and rescue, disaster or wild fire monitoring, and/or mapping),
j

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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

16

DynAero Tech will inform the airport operator and airport traffic control tower of

the contemplated operation and will comply with any and all directions issued by

air traffic control and/or airport management at that airport and obtain a letter of

agreement with that airport's management unless otherwise permitted by a COA

issued to the exemption. The letter of agreement with the airport management

shall be made available to the Administrator or any law enforcement official upon

request. DynAeroTech will diligently ensure its sUAS missions work closely and

collaboratively and do not interfere with manned aircraft and higher priority UA

missions such as reconnaissance or firefighting aircraft flights, as well as

emergency ground personnel such as police, forest service, firemen, and others.

For such missions DynAeroTech will preferably employ the Parrot senseFly

eXom which has shrouding around its four propellers for enhanced operational

safety and navigational lights and anti-collision strobe lights, or another sUAS

with similar features.

18. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

19. If the UAS loses communications or the battery power reaches reserve levels,

the UA will automatically return to a pre-determined location and land or be

recovered in accordance with DynAeroTech's sUAS Flight Operation Manual.

20. The PIC will abort the flight in the event of unpredicted obstacles, other flight

vehicles, or emergencies in accordance with DynAeroTech's sUAS Flight

Operation Manual.

21. The PIC is prohibited from beginning a UAS flight unless (considering wind and

forecast weather conditions and assuming normal cruising speed) there is

enough power to fly to the first point of intended landing prior to utilizing battery

reserve power.

22. The operator will obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations. This COA will

also require the operator to request a Notice to Airman (NOTAM) not more than

72 hours in advance, but not less than 48 hours prior to the operation.

23. All UA operated by DynAeroTech will be identified by serial number. Except for

the hand-held micro UA, we intend to acquire and provide identification (N -

Number) markings for the fleet that will be as large as practicable.
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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www.dynaerotech.com

17

24. The documents required to ensure safe operation and flight and any documents

required under 14 CFR 91.9 and 91.203 will be available to the PIC at the

Ground Control Station of the sUAS any time the aircraft is operating. These

documents will be made available to the Administrator or any law enforcement

official upon request.

25. The UA will remain clear and yield the right of way to all manned aviation

operations and activities at all times.

26. The UA will not be operated by the PIC from any moving device or vehicle.

27. All flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease

immediately in a manner ensuring the safety of nonparticipating persons;

and

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a

safety assessment of the risk of operating closer to those objects and

determined that it does not present an undue hazard.

2B. All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative.

Permission from the land owner/controller or authorized representative will be

obtained prior to the beginning of every flight.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be

reported to the FAA's UAS Integration Office (AFS-BO) within 24 hours.

Accidents will be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.
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DynAeroTech Section 333 Exemption Request

9275 N_ Union Blvd, Suite 140-206, Colorado Springs CO 80920

(719) 596-9777 http://www_dynaerotechcom

18

14 CFR § 11.81 (f) - Summary the FAA can publish in the Federal

Register: -

1. Petitioner: Dynamic Aerospace Technologies, LLC.

2. The rule from which you seek the exemption:

14 CFR Part 21, Subpart H - Airworthiness Certificates

14 CFR §45.23 (b) - Requirement to display registration number on vehicle

14 CFR § 61.101 (e)(4) and (5) - Recreational pilot privileges and limitations

14 CFR 61.113 (a) and (b) - Private pilot privileges and limitations: Pilot in

command

14 CFR § 61.315 (a) - Privileges and limits of a sport pilot certificate

14 CFR 91.7 (a) - Civil aircraft airworthiness

14 CFR § 91.9 (b) (2) - Civil aircraft flight manual, marking, and placard

requirements

14 CFR§ 91.103 (b) - Preflight Action

14 CFR § 91.109 - Requirement for dual controls during flight instruction

14 CFR 91.119 - Minimum safe altitudes

14 CFR 91.121 - Altimeter settings

14 CFR 91.151 (a) - Fuel requirements for flight in VFR conditions

14 CFR § 91.203 (a) & (b) - Requirement for registration and airworthiness

certificates to be onboard

14 CFR § 91.205 (b) - Cockpit instruments

14 CFR § 91.405 (a) - Maintenance required

14 CFR § 91.407 (a)(1) - Operation after maintenance, preventive maintenance,

rebuilding, or alteration

14 CFR § 91.409 (a)(1) and (a)(2) - Inspections

14 CFR § 91.417 (a) and (b) - Maintenance records

3. A brief description of the nature of the exemption you seek:

DynAeroTech seeks relief from the applicable parts of 14 CFR 45, 61, and 91 as

requested herein to allow DynAeroTech to safely and efficiently conduct commercial

sUAS flight operations in CONUS.

Summary

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

- 14 C.F.R. Part 11, Dynamic Aerospace Technologies, LLC. (DynAeroTech), respectfully

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DynAeroTech Section 333 Exemption Request

9275 N. Union Blvd, Suite 140-206, Colorado Spnnqs CO 80920

(719) 596-9777 http://www.dynaerotech.com

19

requests exemptions from several provisions of the Federal Aviation Regulations (FAR),

specifically portions of Title 14 of the Code of Federal Regulations (CFR) Parts 45,61,

and 91 to allow commercial operations of its fleet of small Unmanned Aircraft Systems

(sUAS) in the Continental United States (CONUS) by trained DynAeroTech employees

for safe aerial photogrammetry, imaging, surveying, mapping, monitoring and

inspection, tracking, education, and search and rescue applications, so 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.

This request stems from a strong safety culture and conservative risk-based approach

towards sUAS operations derived from extensive experience with military and

commercial aviation. The grant of an exemption is consistent with the intent of the

Congress, as shown in Section 333 of the FAA Modernization and Reform Act of 2012

(Section 333) that safe systems be permitted into the National Airspace System (NAS)

prior to the issuance of final regulations governing general use of these systems.

If the FAA believes additional exemptions beyond those requested in this petition are

required for DynAeroTech to conduct sUAS operations described here, we respectfully

request an exemption from any such regulatory provisions as deemed necessary. For

any questions or concerns, please contact me directly at the phone number or email

address provided. ,.

1fj;16~-<s=:

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Gustavo A. Hernandez

President/CEO

Dynamic Aerospace Technologies, LLC.