TO: U.S. Dept. of Transportation, Docket Operations 2 February 2016

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

FROM: Dynamic Aerial Photography LLC.

C/O CEO Devlen J. Polite

813 Moro Street

Manhattan, Kansas 66502

Phone 405-476-3027

Email DynamicAerialPhotography@outlook.com

Subject: Request for Exemption’s to operate Small Unmanned Aircraft Systems (UAS) for Aerial 

photography and/or video for real estate, architecture, land surveying, engineering and other related 

professional activities; aerial video and/or photography for television, public events, cinematography and 

newsgathering; aerial inspection/photography of residential/commercial structures; residential/commercial 

utility infrastructure; aerial video/photography to assist with search and rescue operations; and training for 

UAS operations.

PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Dynamic Aerial Photography LLC. an operator of Unmanned Aircraft Systems (“UAS(s)”) 

for aerial photography and videography for Aerial photography and/or video for real estate, architecture, 

land surveying, engineering and other related professional activities; aerial video and/or photography for 

television, public events, cinematography and newsgathering; aerial inspection/photography of 

residential/commercial structures; residential/commercial utility infrastructure; aerial video/photography to 

assist with search and rescue operations; and training for UAS operations hereby petitions for an exemption 

from the Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS(s). Exemptions 

Requested From; 14 CFR 61.113(a) and (b);91.7(a); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409 (a)(1) and (2); 91.417(a) and (b).

Proposed Operations

All UAS flights will occur over private or controlled access areas with the property owner’s prior

consent and knowledge. Dynamic Aerial Photography LLC. proposes to avoid flight over populated areas 

and operations over people who have not provided consent. Dynamic Aerial Photography LLC.'s UAS 

Aerial photography and videography will be focused on Real Estate Marketing, Construction Site 

Inspections and Special Events. Satisfying the criteria provided in Section 333 of the Reform Act of 2012 

(size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight provide adequate justification to grant Dynamic Aerial Photography LLC.'s requested 

exemptions, thereby allowing Dynamic Aerial Photography LLC.'s UAS commercial operations for the 

Real Estate Marketing, Construction Site Inspection and Special Events.

Prior to conducting operations, under this grant of exemption, Dynamic Aerial Photography LLC. will 

obtain a Certificate of Waiver or Authorization, (COA) from the Air Traffic Organization., (ATO). 

Commensurate with the COA Dynamic Aerial Photography LLC. will request Notice to Airman, (NOTAM) 

based upon the limits and time lines of the UAS flight operations. Dynamic Aerial Photography LLC.'s 
requested exemption would permit the operation of small, unmanned UAS under controlled and “sterile” 

conditions defined as private properties and controlled access locations. 

As established by the exemptions previously granted by the FAA, approval of Dynamic Aerial Photography 

LLC.'s exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems 

in the national airspace system.” Section 333 (c) of the Reform Act. UAS(s) operated by Dynamic Aerial 

Photography LLC. weigh less than 55 pounds, including the payload (IE. camera, lens, and gimbals). 

They operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and 

horizontally. Dynamic Aerial Photography LLC., UAS(s) will only be Pilot in Command (PIC), with 

supplemental Visual Observer, (VO), and maintaining visual line of sight and will operate only within the 

sterile environment described in the SOP. Such operations will insure that the UAS will “not create a hazard 

to users of the National Airspace System, (NAS) or the public.” Given the small size of Dynamic Aerial 

Photography LLC.'s UAS(s) and the restricted sterile environment within which they will operate, the 

UAS(s) operations adhere to the Reform Act’s safety requirements while avoiding additional national 

security issues.

Aircraft and Equivalent Level of Safety

The operating limitations proposed by Dynamic Aerial Photography LLC. provide for at least an equivalent 

or higher level of safety than presently exist with conventional aircraft providing aerial photography and 

video graphic services. Dynamic Aerial Photography LLC.'s UAS(s) are comprised of 1- Yuneec Tornado 

H920, 2- DreamQii PlexiDrone, 1- Yuneec Tornado H, 1- DJI Inspire 1 Dual Controls, and 2- Yuneec Q500 

Typhoon,1- Blade 350 QX2 as set forth in the Flight Operations and Procedures Manual, (SOP).

The SOP is of a proprietary nature containing procedures and information not available to the public. 

Dynamic Aerial Photography LLC. has not and will not share this information with others. 

(See 14CFR, 11.35(b))

REQUESTED EXEMPTIONS

14 CFR 61.113(a) and (b) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151(a) 14 CFR 

91.405(a) 14 CFR 407(a) (1) 14 CFR 409(a) (2) 14 CFR 417(a) and (b)

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 

(a) and (b) limit private pilots to non-commercial operations.

Unlike a conventional manned aircraft, a UAS is remotely controlled by a ground-based operator. The

operational area is controlled and restricted, and all flights are planned and coordinated in advance. The 

level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate 3

operating a conventional aircraft. The risks associated with the use of a UAS are diminished from the level 

of risk associated with commercial operations contemplated by Part 61 allowing UAS use by a private pilot 

as the PIC exceeds the present level of safety sought by 14 C.F.R. §61.113 (a) and (b). (See Grant of 

Exemption No. 11062 Astraeus Aerial, Grant of Exemption No 11109, Clayco, Inc, for similar exemptions)

14 C.F.R. § 91.7 Civil Aircraft Airworthiness 91.7(a) No person may operate a civil aircraft unless it is in 

an airworthy condition.

Although airworthiness certification does not exist for UAS, Dynamic Aerial Photography LLC.'s, SOP,

provides guidance to establish and maintain an equivalent level of safety. 14 C.F.R. §91.119(c): Minimum 

Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 
provides, in pertinent part, that: “except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: ..... (c) Over other than congested areas. An altitude of 500 feet above 

the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.” Dynamic Aerial Photography 

LLC. requests authority to operate at altitudes up to 400 AGL, an exemption is needed to allow such 

operations. As stated in the SOP, the UAS will not operate higher than 400 AGL. However, operations 

would be conducted in sterile areas, where buildings and people will not be exposed to operations without 

their preapproval. (See Exemption NO 11109 to Clayco Inc.) 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of property owners or local 

officials. Because of the advance notice to the property owners and participants in the UAS flight activities 

all affected individuals will be informed of the planned operations. Compared to flight operations for 

manned aircraft and the lack of flammable fuel, the mitigated risks associated with the proposed UAS 

operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between a UAS and conventional aircraft. 14 C.F.R. §91.121 

Altimeter Settings Section 91.121 requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As a UAS may not have a barometric altimeter, but instead a GPS

providing altitude data, an exemption is needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the SOP and Safety Check list, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. 

§91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from 

beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising 

speed – (1) During the day, to fly after that for at least 30 minutes . . . .”

Battery power for Dynamic Aerial Photography LLC.’s UAS(s) provides approximately 12 to 20 minutes 

of powered flight, with 20% battery power remaining. To meet the 30-minute reserve requirement in 14 

CFR §91.151, UAS flights would not be possible. Therefore, Dynamic Aerial Photography LLC. submits 

that safety can be achieved by limiting flights unless there is enough power to fly at normal cruising speed 

(given winds and forecast weather) to the intended point of landing with at least 30% battery power 

remaining. Given the limitations on the UAS’(s) proposed flight area and its proposed operations within a 

predetermined location, and flight in daylight VFR conditions will meet the intended requirements. (See 

Exemption Nos. 2689, 5745 and 10650 for flight less than minimums. See Exemption Nos. 8811, 10808 

and 10673 for daytime VFR conditions) 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) (2); 417(a) & (b): 

Maintenance Inspections

These regulations require that an aircraft operator or owner shall “have that aircraft inspected as

Prescribed in subpart E of this part and shall between required inspections, except as provided in

Paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to Dynamic Aerial Photography LLC. UAS operations. However, Dynamic Aerial 

Photography LLC.'s SOP provides guidance to establish and maintain an equivalent level of safety. 

Maintenance will be accomplished by the operator. Noting the UAS(s) are limited in size, will carry a small 

payload and operate only in sterile areas with brief flight times. If mechanical issues arise, the UAS can 

land immediately and will be operating no higher than 400 feet AGL. As provided for in the SOP, the PIC 

will ensure that the UAS is airworthy for each flight.
PUBLIC INTEREST 

The enhanced safety of small unmanned UAS eliminates the greater risk alternatives when using larger 

manned aircraft, carrying fuels at low altitudes. In addition this relatively new technology provides clients 

access to photographic and videography services and information that were previously not financially cost 

effective. Dynamic Aerial Photography LLC. proposes procedures and operational guidelines to provide 

the FAA good cause for granting instant Petition enabling the commercial operation of Dynamic Aerial 

Photography LLC.'s UAS(s) and those being in the public interest. 

The FAA, by granting Dynamic Aerial Photography LLC.'s exemption request, will serve to stimulate 

development of viable commercial UAS operations while guiding the public's understanding of how UAS 

can be legally and beneficially integrated into the National Air Space, NAS. 

CONCLUSIONS 

For the foregoing reasons, the exemptions requested herein should be granted and Dynamic Aerial 

Photography LLC. should be permitted to conduct UAS commercial operations according to the SOP and 

such additional parameters as the FAA should deem necessary. 

Respectfully submitted, 

Devlen J. Polite 

Chief Executive Officer 

Dynamic Aerial Photography LLC.