Private and Confidential

360 DYNAMIC PHOTOGRAPHY, Fort Myers Florida - Section 333 Exemption Petition

2/10/2016

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b) 

Dear Sir or Madam, I, 360 DYNAMIC PHOTOGRAPHY, am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to 

request that I, 360 DYNAMIC PHOTOGRAPHY, an owner and operator of small unmanned 

aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, 360 

DYNAMIC PHOTOGRAPHY, may operate my small ultra-lightweight unmanned aircraft system 

(“UAS”) in commercially regulated airspace by the Federal Aviation Administration (“FAA”). 

Following exemption and approval by the FAA, I, 360 DYNAMIC PHOTOGRAPHY, will primarily 

use my professionally built DJI Phantom 3 or DJI Inspire 1 UAS equipped with cameras for the 

following applications: Augmentation of real estate listing videos; the creation of visual and 

topography layout videos for Search and Rescue (SAR) missions for state and local agencies, 

creation of visual and topography and reconnaissance of Wild Land Fires for state and local 

agencies, creation of visual and the reconnaissance of structure fires for state and local 

agencies, creation of visual and reconnaissance for fire investigations for state and local 

agencies, training and education videos for state and local agencies, agricultural inspections, 

utility inspections, and building and construction zone inspections. 

My, 360 DYNAMIC PHOTOGRAPHY’s, exemption request would permit the operation of ultralightweight, unmanned (i.e. piloted by remote control) UAS’s for the development of community 

and government use videos, permissible within property boundaries for individual homeowners 

and within in tightly controlled, limited airspaces predetermined in areas away from the general 

public, airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled 

UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in

place to prevent catastrophe. Furthermore, it is my intent to assist future FAA safety protocols 

and regulations exclusive to lightweight UAS's for specific video and photography usage by
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sharing information with the FAA as I, 360 DYNAMIC PHOTOGRAPHY, record flight data and 

other pertinent information gained through permitted flight operations. 

In addition, granting my, 360 DYNAMIC PHOTOGRAPHY’s, exemption request will comply with 

the Secretary of Transportation’s (FAA Administrator’s) instructions to not only integrate UAS's 

into the national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act 

specific to the use of UAS's for real estate/Realtor purposes, educational videos, Search and 

Rescue, land/trusts inspections, agricultural field monitoring, film/video productions, closed-set 

motion picture film operations and television, and structure inspections, to aid state and local 

agencies.

Further I, 360 DYNAMIC PHOTOGRAPHY, will conduct my operations in compliance with the 

protocols described herein or as otherwise established by the FAA. For the reasons stated 

below, I, 360 DYNAMIC PHOTOGRAPHY, respectfully request the grant of an exemption 

allowing me to operate ultra-lightweight, remote controlled UAS’s to aid academic community 

awareness, to benefit/stimulate attraction to the metro Southwest Florida community and to 

enhance personal and public video feeds. A grant that will ultimately allow UAS’s to play a more 

positive role in our local community by increasing employment opportunities, heightening 

security measures and decreasing government expenditures by reducing the need for heavier 

manned aircraft, containing costly, combustible fuel- a potential public hazard in and of itself. 

I. Contact Information:

Keith Carlyle Cortner

360 Dynamic Photography

Fort Myers Florida

Phone: 239-280-8027

Email: srt5@aol.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which 

360 DYNAMIC PHOTOGRAPHY Requests Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

III. The Extent of relief 360 DYNAMIC PHOTOGRAPHY Seeks and the Reason He Seeks Such 

Relief:
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I, 360 DYNAMIC PHOTOGRAPHY, submit this application in accordance with the Reform Act, 

112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

me, 360 DYNAMIC PHOTOGRAPHY contemplated commercial cinematic, academic and other 

flight operations within the national airspace system. The Reform Act in Section 332 provides for 

such integration of civil unmanned aircraft systems into our national airspace system as it is in 

the public’s interest to do so. My, 360 DYNAMIC PHOTOGRAPHY’s, ultra-lightweight UAS 

meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the 

integration of my ultra-lightweight UAS is expressly contemplated by the Reform Act. I would 

like to operate my ultra-lightweight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience 

and valuable information for formal regulation that can be administered uniformly to all related 

UAS aerial video and photography. The Reform Act guides the Secretary in determining the 

types of UAS's that may operate safely in our national airspace system. Considerations include: 

The weight, size, speed and overall capabilities of the UAS's; whether the UAS will be operated 

near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 

112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for me, 360 DYNAMIC PHOTOGRAPHY. 

My UAS’s utilize eight (8) or less rotating propellers for balance, control and stability. My UAS’s 

are equipped with the following via video and data telemetry:

1) Altimeter 

2) Attitude indicator 

3) Ground Speed indicator 

4) Magnetic compass 

5) Heading indicator 

6) Vertical speed indicator 

7) Course deviation indicator 

8) Radio magnetic indicator 

9) GPS location 

10) Battery consumption and Battery Left with approximate time. 

11) Loiter and circle mode. 

12) Auto safety or RTL (Return To Launch) 

13) Auto landing technology. 

Each UAS weighing less than thirty five (35) pounds (far below the maximum 55 pound limit); 

Including camera(s) with or without gimbal (a camera stabilizer). I, 360 DYNAMIC 

PHOTOGRAPHY, considers safety as foremost with each flight. My small unmanned 

aircraft is designed to hover in place, circle in a specific place or loiter via GPS and can be 

operated in winds up to 30.4 knots (35mph) wind. For safety, stability and fear of financial loss I 

will not fly in winds exceeding 21.7 knots (25 mph). Built in safety systems include a GPS mode 

that allows my UAS to hover/circle in place or land when radio controls are released. 
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With three (3) modes to choose from, I will fly with the modes safest to complete the videos for 

aerial videography/photography and have the ability to choose the safest, most reliable and 

stable mode to prevent accident and hazard. When pilot communication from the radio control is 

lost, UAS is designed to slowly descend to point of takeoff and or to land at point of launch after 

ascending to a pre-set altitude to ensure the UAS will clear any obstacles that may be between 

the takeoff point and the current position of the UAS. This failsafe altitude will not be set more 

than 200ft and is determined before each flight. 

I, 360 DYNAMIC PHOTOGRAPHY, will not operate my UAS near airports, hospitals nor police 

heliports, and do not operate near areas where general public is within fifty to one hundred (50-

100) yards depending on location, conditions and weather. I am constantly on alert for any 

manned aircraft (police/medical helicopters, etc.) and prepared to land/abort immediately to the 

nearest and safest ground point should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. My UAS’s are capable of vertical and 

horizontal operations, and is flown only within my line of sight, as the remote control pilot. My 

UAS's are also flown with a second operator who aids in watching for any obstacles, including 

manned aircraft, within the flight zone of the UAS. Utilizing battery power rather than 

combustible fuels, flights generally last between five (5) to twenty (20) minutes, with an altitude 

under two hundred (200) feet. Smart Mode includes, position hold, self-leveling, altitude 

command, GPS, return home feature, and safety control to return home or land in the event of 

communication interruption between RC transmitter and UAS.

I, 360 DYNAMIC PHOTOGRAPHY, utilize a fresh fully charged battery with each flight as a 

safety precaution; full flight time limit for each battery is eight (8) to thirty (30) minutes as tested. 

I do not operate my UAS at or below manufacturer recommend minimum charge levels for 

operation; preferring to remain well within a safe operating range to insure adequate 

communication between radio control and UAS to eliminate potential for crash, loss of control or 

hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient 

safe level of operation. I do not believe in taking risk that may cause a crash that could create 

hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have 

clocked numerous practice flights in remote areas as a hobbyist simulating flights for future 

commercial use to gain familiarization with the characteristics of this specific UAS's performance 

under different temperature and weather conditions. I also practice computerized simulated 

flights to maintain adequate skills and response reflex time. All for the sake of safety. 

I, 360 DYNAMIC PHOTOGRAPHY, am extremely cautious when operating my UAS/ultralightweight unmanned aircraft and will not “create a hazard to users of the national airspace 

system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls 

well within Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. 360 DYNAMIC 

PHOTOGRAPHY’s UAS, used in hobby flight, has a demonstrable safety record and does not 

pose any threat to the general public or national security. 
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IV. How 360 DYNAMIC PHOTOGRAPHY’s Request Will Benefit the Public as A Whole: 

Aerial videography for geographical awareness, education, search and rescue, land 

management, structure inspections and for real estate marketing has been around for a long 

time through manned fixed wing aircraft and helicopters. For small budget companies, average 

homeowners and property owners the expense of such aerial videography is cost prohibitive. 

Only large companies and high end Realtors or luxury homeowners can afford to absorb such 

expense; depriving non-luxury owners and lower budget companies from a valuable marketing 

tool. Manned aircraft pose a threat to the public through potential catastrophic crash that the 

Fort Myers community has experienced in the past with military aircraft, medical helicopters, 

and news helicopters crashes within the city of Fort Myers. Each resulting in injury or loss of 

life. Each with combustible fuel that exploded and burned on impact. Police or Medical 

helicopters have made emergency hard landings within city limits. 

My, 360 DYNAMIC PHOTOGRAPHY's, UAS poses no such threat since size and lack of 

combustible fuel alleviates any potential threat to the public. Congress has already proclaimed 

that it is in the public’s interest to integrate commercially flown UAS's into the national airspace 

system, hence the passing of the Reform Act. Granting my, 360 DYNAMIC PHOTOGRAPHY’s, 

exemption request furthers the public interest through academic/visual awareness of the 

geographical benefits in and around the metro Lee County area. My ultra-lightweight UAS is 

battery powered and creates no emissions that can harm the environment. The consequence of 

my ultra-lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft; 

which are heavy, contain combustible fuel minimizing ecological and crash threat by permitting 

aerial video/photo capture through my battery operated ultra-lightweight UAS's. Permitting me, 

360 DYNAMIC PHOTOGRAPHY, to immediately fly within national air space furthers economic 

growth. Granting my exemption request substantially furthers the economic impact for the metro 

Fort Myers and surrounding community for companies looking to relocate or build around the 

Fort Myers metro area as well as individuals looking to relocate for career advancement through 

academic and geographical awareness. Both of which serve as a stimulus to the community. 

V. Reasons Why 360 DYNAMIC PHOTOGRAPHY’s Exemption Will Not Adversely Affect Safety 

or How the Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, 360 DYNAMIC PHOTOGRAPHY’s, exemption will not adversely affect safety. Quite the 

contrary, for the reasons stated permitting me, 360 DYNAMIC PHOTOGRAPHY, to log more 

flight time in FAA controlled airspace, with communication with the FAA, will allow me to 

contribute to the innovation and implementation of new and novel, as of yet undiscovered safety 

protocols for Realtors, land and structured owners. For development in cooperation with the 

FAA. In addition I,360 DYNAMIC PHOTOGRAPHY, submit the following representations of 

enhancements to current aerial videography and photography: My UAS’s weigh less than seven 

(7) pounds complete with a an integrated ultra-light weight camera.; I only operate my UAS 

below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and 

Reform Act of 2012); My UAS only operate for 3-30 minutes per flight; I land my UAS prior to 

manufacturer recommended minimum level of battery power; I pilot my UAS through remote
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control only by line of sight; and have live video feed for a secondary pilot to monitor video 

recording; I receive a live telemetry feed from my UAS during all flights which include remaining 

battery voltage, distance, altitude, and any anomalies that may occur during flight;

My UAS’s Command and Control utilizes spread spectrum 2.4Ghz-2.485Ghz frequencies in 

accordance with CFR 47, Part 15 for model aircraft use.

My UAS’s camera system utilizes 5.725Ghz-5.875Ghz frequencies in accordance with CFR 47, 

Part 15.

My UAS’s have a GPS controlled flight controller- a flight safety feature whereby it hovers or 

circles and then lands at the GPS takeoff point if communication with the remote control pilot 

is lost; I actively record and analyze flight data through the DJI phantom 3 or DJI Inspire 1 flight 

controller app to constantly update and enhance safety protocols; I only operate in reasonably 

safe environment that are strictly controlled, are away from power lines, elevated lights, airports 

and actively populated areas; I conduct extensive preflight inspections and protocol, during 

which safety carries primary importance; I always obtain all necessary permissions prior to 

operation; and, I have procedures in place to abort flights in the event of safety breaches or 

potential danger. My, 360 DYNAMIC PHOTOGRAPHY’s, safety protocols provide a level of 

safety equal to or exceeding existing rules. It is important to note that absent the integration of 

commercial UAS into our national airspace system, helicopters are the primary means of aerial 

video and photography for community awareness real estate, structured inspections, land 

management and search and rescue. While the safety record of such helicopters is remarkably 

astounding, there has been local incident involving injury or loss of life as well as extensive 

property damage; it is far safer to operate a battery powered ultra-lightweight UAS. First, the 

potential loss of life is diminished because UAS's carry no people on board and I only operate 

my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS 

and thus the potential for fire or explosions is greatly diminished. Third, the small size and 

extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards 

quickly and safely. Lastly, given its small size and weight, even when close enough to capture 

amazing images, my UAS need not be so close to the objects they are focused on through the 

technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has 

been experimentally operated for familiarization/competency and will continue to operate at and 

above current safety levels. 

VI. A Summary the FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR §91.203(a)(1). The 

size, weight and enclosed operational area of my, 360 DYNAMIC PHOTOGRAPHY’s, UAS 

permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from 

the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section
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333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. My, 360 DYNAMIC 

PHOTOGRAPHY’s, current and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor or controlled GPS “geofencing” 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent level 

of safety will be achieved by maintaining any such required certifications and registrations by 

me, 360 DYNAMIC PHOTOGRAPHY. 

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. My UAS can be marked with the 

appropriate “N” number once this “N” number has been given. The N number N360KC has been 

reserved and the application is pending. 

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 

61.113 (a) & (b), private pilots are limited to non-commercial operations. I, 360 DYNAMIC 

PHOTOGRAPHY, The SUAS Pilot in Command must possess at least a sport pilot certificate 

and a driver's license. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in which the PIC is rated on his/her pilot certificate as outlined in 14 C.F.R. § 61.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for 

the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. My UAS will never operate at an altitude greater than 300fclose AGL; safely below 

the standard of 400 AGL. I, 360 DYNAMIC PHOTOGRAPHY, will however operate my UAS in 

safe areas away from public and traffic, providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed 

of my UAS, an equivalent or higher level of safety will be achieved.
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E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.1,2,

Manual

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .”These Regulations only apply to aircraft with an 

airworthiness certificate. They will not, therefore, apply to my,360 DYNAMIC 

PHOTOGRAPHY's, UAS. However, as a safety precaution I inspect my UAS before and after 

each flight. Therefore, an equivalent level of safety will be achieved. 

In summary, 360 DYNAMIC PHOTOGRAPHY seeks an exemption from the following 

Regulations:14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 

C.F.R. §91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 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(a) and (b); 14 C.F.R. 

§ 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); 

and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, 360 DYNAMIC 

PHOTOGRAPHY's, small unmanned vehicle/lightweight unmanned aircraft vehicle in 

community awareness, education, structural inspection land management, search and rescue 

and real estate operations, and to develop economic platforms for the aforementioned to 

enhance the experience of those seeking to relocate, rebuild, reevaluate and to find in the metro 

Fort Myers area. 

F. Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and limitations 

apply:

1. The UA must weigh less than 55 pounds (25kg), including energy source(s) and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

3. Flights must be operated at an altitude of no more than 500 feet above ground level (AGL), 

as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC 

must be in feet AGL.

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

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's state driver’s license.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

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

able to communicate verbally at all times.
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6. If a discrepancy exists between these limitations and any procedure outlined elsewhere in 

this operations manual, the conditions and limitations herein take precedence and must be 

followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. 

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. The Ground Control Station, if utilized, must be included 

in the preflight inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

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, must undergo a functional 

test flight in accordance with the operator's manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum, the 

following must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller 

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a 

current state driver’s license. 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/her pilot certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft 

pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade or
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multirotor). Prior documented flight experience that was obtained in compliance with applicable 

regulations may satisfy this requirement. Training, proficiency, and experience-building flights 

can also be conducted under this grant of exemption to accomplish the required flight cycles 

and flight time. During training, proficiency, and experience-building flights, all persons not 

essential for flight operations are considered non-participants, and the PIC must operate the 

UAS with appropriate distance from non-participants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of UAS to 

be utilized for operations under the exemption and three take-offs and three landings in the 

preceding 90 days. Training, proficiency, experience-building, and take-off and landing currency 

flights can be conducted under this grant of exemption to accomplish the required flight time and 

90 day currency. During training, proficiency, experience-building, and take-off and landing 

currency flights, all persons not essential for flight operations are considered non-participants, 

and the PIC must operate the UAS with appropriate distance from non-participants in 

accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and visual 

observer (VO) must have successfully completed a qualification process, as outlined in

the operator’s manual. As this is a requirement stipulated by the operator, the test must be 

developed and implemented by a qualified person designated at the sole discretion of the 

operator. A record of completion of this qualification process must be documented and made 

available to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), a flight demonstration, administered by an operator-approved and -qualified pilot 

must be successfully completed and documented. This documentation must be available for 

review upon request by the Administrator. Because the knowledge and airmanship test 

qualifications have been developed by the operator, and there are no established practical test 

standards that support a jurisdictional FAA FSDO evaluation and approval of company 

designated examiners, the petitioner will conduct these tests in accordance with the operator’s 

manual.

15. The UAS may not be operated directly over any person, except authorized and consenting 

production personnel, below an altitude that is hazardous to persons or property on the surface 

in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety 

mitigations for authorized and consenting production personnel. At all times, those persons 

must be essential to the closed-set film operations. Because these procedures are specific to 

participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is necessary 

for reductions to the distances specified in the petitioner’s manuals. This is consistent with the
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manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of 

Waiver for Motion Picture and Television Filming.

17. Regarding distance from non-participating persons, the operator must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved and 

necessary for the filming production. This provision may be reduced to no less than 200 feet if it 

would not adversely affect safety and the Administrator has approved it. For example, an 

equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the 

filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such 

barriers may protect non-participating persons (observers, the public, news media, etc.) from 

debris in the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, 

C8, S1. 18. .

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25% battery 

power remaining, whichever occurs first.

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. 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.

22. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the 

operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator’s manual.
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26. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UAS must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

28. At least three days before scheduled filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the 

area of proposed filming. The 3-day notification may be waived with the concurrence of the 

FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights

b. Name and phone number of the person responsible for the UAS filming production under 

this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation of the UAS.

d. Make, model and serial or N-number of the UAS to be used

e. Name and certificate number of the UAS PIC's involved in the filming production event 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission must be 

made available to the inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, 

and/or state over which filming will be conducted and the altitudes essential to accomplish the 

operation

29. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at 

the ground control station of the UAS any time the aircraft is operating. These documents must 

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

30. The UAS must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights under 

special visual flight rules (SVFR) are not authorized.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. The UAS 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.
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34. The UAS may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UAS may not operate within 5 miles of the geographic center of a non-towered airport 

as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.

35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the 

Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted 

until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume 

operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, 

360 DYNAMIC PHOTOGRAPHY’s, request for exemption will reduce current risk levels and 

thereby enhance safety. My UAS craft do not contain potentially explosive fuel, is smaller, 

lighter and more maneuverable than conventional video and photographic aircraft with much 

less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating 

potential public risk flying to and from established airfields. I, 360 DYNAMIC PHOTOGRAPHY, 

have been informally analyzing and recording flight information and will compile safety protocols 

and the implementation of a flight operations manual for usage that exceeds currently accepted 

means and methods for safe flight. Formal collection of information shared with the FAA will 

enhance the FAA's internal efforts to establish protocols for complying with the FAA 

Modernization and Reform Act of 2012. There are no personnel on board my, 360 DYNAMIC 

PHOTOGRAPHY’s, UAS and therefore the likelihood of death or serious bodily injury is 

significantly diminished. My, 360 DYNAMIC PHOTOGRAPHY’s, operation of my UAS, weighing 

less than forty (40) pounds and traveling at lower speeds within limited areas low to the ground 

will provide an equivalent level of safety as that achieved under current FARs. Accordingly I, 

360 DYNAMIC PHOTOGRAPHY, respectfully request that the FAA grant my exemption request 

and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, 

and the general public at large. 

Respectfully submitted, 

Keith Carlyle Cortner

360 DYNAMIC PHOTOGRAPHY

18701 Leetana Road

North Fort Myers Florida, 33917
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Appendix A

List of Aircraft

No

.

 Make & 

Model 

 Description Serial No. Registration

No.

1 DJI Phantom 3 Electric powered, 4 rotor, small 

unmanned multirotor helicopter

P76DCJ13A21162 N360KC 

Applied

2 DJI Inspire Electric powered, 4 rotor small 

unmanned multirotor helicopter

Pending Pending

1. DJI Phantom 3 

The operation of the DJI Phantom 3 system is as follows.

a. Build Materials

I. Plastic

II. Aluminum 

b. Motor Configuration

I. The Phantom 3 flight in a 4 motor quadcopter setup. ,

c. Payload

I. The Phantom 3 it’s own integrated camera. 

II. Maximum All-up Weight- 4lbs

d. Maintaining the Phantom 3

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of 

cracks, stress, 

4. Check all wiring to motors, motor controllers, batteries, and flight controller for 

signs of 

5. Check all navigational lighting to ensure it is properly working.

e. After 45 hours of flight

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace 

as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as 

necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as 

necessary. 

4. Remove propellers and inspect for cracks and/or chips. Replace if propeller is 

questionable. 

5. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

6. Check for updates to flight controller firmware. If available, install and perform a 

minimum of 15 test flights before conducting commercial work.
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Appendix B

2. DJI INSPIRE ONE

The operation of the DJI INSPIRE ONE system is as follows.

a. Build Materials

I. Plastic

II. Aluminum 

b. Motor Configuration

I. The DJI Inspire 1- flight is a 4 motor quadcopter setup. ,

c. Payload 

The DJI INSPIRE ONE flies it’s own light-weight integrated camera. 

Maximum All-up weight- 6lbs

d. Maintaining the DJI INSPIRE ONE

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of 

cracks, stress, 

4. Check all wiring to motors, motor controllers, batteries, and flight controller for 

signs of wear.

5. Check all navigational lighting to ensure it is properly working.

e. After 45 hours of flight

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace 

as necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as 

necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as 

necessary. 

4. Remove the propellers and check for cracks and/or chips. Replace if propeller is 

questionable. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and perform a 

minimum of 15 test flights before conducting commercial work.
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Appendix C

Personal Protocols/Controls/Flight Manual 

Protocols and Controls 

360 DYNAMIC PHOTOGRAPHY, Fort Myers, Florida.

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. As such, safety protocols and controls must be 

implemented through pre-flight preparation and during flight. Pre-Flight Protocol: 

Check batteries with voltage meter to insure fully charged and ready for use. 

Inspect batteries for damage or leakage that may affect proper operation. 

Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion or 

unmanageable/uncontrolled flight. 

Check all GPS and Telemetry connections prior to flight. 

Check weather forecasts for wind advisory or other conditions that my impact flight. 

Consult Sky Vector aeronautical Charts (Skyvector.com) for airport vicinity and flight paths of 

possible air traffic.

Contact respective airport to advise of estimated flight time, estimated flight duration, estimated 

elevation of flight, and any other pertinent information. 

Inspect flight area for 

Vicinity of public safety helipads/heliports

Vicinity of medical helipads/heliports 

Vicinity of light poles vicinity or utility wires 

Vicinity of trees flocks of birds that may cause interference and potential flight impact Vicinity of 

any elevated obstructions that may pose potential flight hazard 

Vicinity of roadways with moderate to heavy traffic that can be distracted public Gatherings that 

may attract viewers optional point of control for best visual site of UAS while in flight 

Emergency landing areas 

Takeoff and landing 

Inspect area for best and safest point of takeoff and landing 

If in a subdivision or area that is within 150 feet of a residential street, post warning 

Sign(s)/stand(s) "Attention Aerial Photography In Progress - Remain Back 150 Feet” 
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Flight Protocol: takeoff and land from same location (have alternate landing areas in case of 

emergencies) remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

do not allow anyone to engage in conversation or distract the remote control pilot restrict flight to 

minimal elevation sufficient to acquire desired results remained prepared for emergency landing 

at all times pay attention to flight time – warning meter for low voltage. 

Set voltage meter alarm for low voltage and flight timer as a safety alert land UAS and shut 

down propulsion immediately following landing – priority of disconnecting batteries 

Post flight: 

1. Disconnect battery to prevent accidental activation of propulsion system 

2. Secure UAS in a safe location 

3. Remove all warning signs from public access areas Emergency or Suspected Hazard: 

Immediately land UAS at safest and closet ground location in the event of,

Manned aircraft is heard or seen in vicinity of flight 

There is a public gathering within established safety boundary wanting to observe flight 

Pilot is being distracted from focusing on flight and safety 

Sudden change in weather (wind bursts) 

Sudden increase in vehicular traffic in vicinity of flight 

Birds enter into proximity of flight 

Any sudden unsafe event that can cause collision, distraction or interruption of control 

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety 

protocols is imperative. 
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Date: ____________________ Location: __________________________________________

Pre-flight Inspection: o Yes o No 

Comment: _________________________________________________ 

Elements 

Proximity to airport: _________________ (see attached map pinpointing approximate location 

of flight) 

Airport notified: No Yes 

Date: _______________ Time: ______________ 

Phone Number: _______________________ 

Contact Name: ___________________________________ 

Nearest major intersection: 

______________________________________________________________ 

Proximity to medium traffic road: 

_________________________________________________________ 

Proximity to heavily traveled roadway road: 

_________________________________________________ 

Proximity to congested population: 

________________________________________________________ 

Approx. Takeoff Time: GMT: 

Weather Good Fair Poor Comment: 

Visibility Good Fair Poor Comment: 

Wind Speed ___mph ___Gusts/MPH ___avg/MPH Comment: 

Approx. Landing Time: GMT: Estimated Elevation Ground level: 

Safety Concerns:

Additional Comments: 

Sea level: 
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Appendix 'D'

Aircraft Manuals

This Appendix includes UAS manufacturer's user manuals, maintenance instructions, and 

illustrated parts catalogs. These manuals may be attached to the docket when submitted. 

Information regarding design, aircraft performance, fail-safe features, operating limitations, 

normal and emergency procedures, and maintenance and inspection procedures is contained 

within the manuals and supplemental information documents listed below:

1. DJI Phantom 3 Professional Manual V1.0

2. Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 (EN)

3. DJI Inspire Manual V1.0

4. Intelligent Flight Battery Safety Guidelines v1.4

5. Inspire 1 Safety Guidelines 

6. Inspire 1 Maintenance Manual v1.0

For more information or questions about this manual please contact:

360 Dynamic Photography 

18701 Leetana Road,

North Fort Myers Florida, 33917 

239-280-8027