UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

DYNAMIC AERIAL SOLUTIONS REQUESTS AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE O F FEDERAL REGULATIONS SECTIONS:

61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7 (a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 9 1.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT O F 2012 (PUBLIC LAW 112-95)

Submitted on October 3, 2015

Michael Terence Franks Dynamic Aerial Solutions 633 Missouri St Apt. 18 San Diego, CA 92109 Tel: (954) 328-4238

1TABLE OF CONTENTS

Page

SUMMARY........................................................

............................................................... ........3

INTRODUCTION AND INTERES TS OF PETITIONER....................... .................................4

BASIS FOR PETITION.............................................................................................................4

A. NAME AND ADDRESS OF PETITIONER............................. ..............................4

B. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED..............4

C. THE EXTENT OF RELIEF AND R EASONS WHY SAFETY WILL NOT BE AFFECTED....................................................................................................................5

D. EQUIVALENT LEVEL OF SAFETY....................................................6

E. THE REASONS WHY GRANTING TH E EXCEPTION W OULD BE IN THE PUBLIC INTEREST .................................................................................................10

F. PRIVACY STATEMENT.......................................................................................11

G. FEDERAL REGISTER SUMMARY................................... .................................11

CONCLUSION.....................................................

............................................................... ....12

2SUMMARY

Dynamic Aerial Solutions seeks exemption from the requirements of 14 C.F.R §§

61.23(a) & (c), 61.101(e)(4) & (5), 61.113(a), 61.315(a), 91.7( a), 91.119(c), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 9 1.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an

Unmanned Aircraft System pursu ant to Section 333 of the FAA Mod ernization and Reform

Act of 2012 (FMRA). This exempti on will permit Dynamic Aerial S olutions to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of co nducting operations to

include:

 Instruction,

 Mapping (Exemption #11213 for Aeryon Labs, Inc),

 Market research (Exempti on #11213 for Aeryon Labs, Inc),

 Aerial data collection such as - video, photography, 3D imaging etc. of

construction sites, real estate, agricultural lands, special ev ents and landscape

over certain areas of t he United States.

 Types of aircraft to be flown:

o DJI Phantom 3

 Dynamic Aerial Solutions will ope rate under the restrictions listed below and

those in the manufacturer’s manual and reference documents.

o DJI Phantom 3

 Phantom 3 Professional User Manual (EN) v1.2

 Phantom 3 Professional Quick Start Guide (EN) v1.2

 Phantom 3 Intelligent Fli ght Battery Safety Guide v1.0

3INTRODUCTION AND INTERESTS OF THE PETITIONER

Dynamic Aerial Solutions seeks to provide its clients with affo rdable expertise and

knowledge in advanced technologies and solutions to increase ef ficiency, productivity and

effectiveness in a professional manner consistent with the FAR’ s. Dynamic Aerial Solutions

is owned and operated by an Airline Transport Pilot (Helicopter ) who is still active as an

HEMS Captain with 15 years of avi ation experience in the United States NAS and abroad. I

have provided services which inc lude aerial photography and film, survey and instruction.

BASIS FOR PETITION

A. NAME AND ADDRESS OF THE PETITIONER

Michael Terence Franks Dynamic Aerial Solutions 633 Missouri Street Apt. 18 San Diego, CA 92109 Tel: (954) 328-4238 Email: slipdigby@gmail.com

B. REGULATIONS FROM WHICH TH E EXEMPTION IS REQUESTED

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) and (2)

 14 C.F.R. § 91.417(a) and (b)

4C. THE EXTENT OF RELIEF AND RE AS ONS WHY SAFETY WILL NOT BE AFFECTED

1. 14 C.F.R § 61.23(a) & (c): Me dical Certificates

Exemption #1221, #11284 and many others have provided that a U.S. driver’s license could be used in lieu of the medical certificate and pr ovide an equivalent level of safety.

2. 14 C.F.R § 61.101(e)(4) & (5): Recreational Pilot Privileges an d Limitations & 14 C.F.R § 61.315(a): Sport Pilot Limitations

Exemption #11221, #11284, and many others have declared that th ere is an equivalent level of safety as th e FAR’s by requiring the PIC to “hold either an airline transport, c ommercial, private, r ecreational or sport p ilot certificate.” Likewise, Dynamic Aerial Soluti ons is also performing commercia l UAS work and is asking for the same rest rictions which have been previously deemed to provide an equivalent level of safety as the regulations.

3. 14 C.F.R § 61.113(a): Private Pilot Privileges and Limitations: Pilot In Command

Sub-sections 61.113(a) and (b) lim it private pilots to non-comm ercial operations. Because the UAS will not carry a pilot or passengers, the propo sed operations can achieve the equivalent level of s afety of current operations by requiring the PIC to operate the UAS via a remote cont roller. The risks associated are therefore far less than the risk levels inherent in the commercial activities outlined in Part 61. Unlike a conventional aircraft t hat carries the pilot and passe ngers, the UAS is remotely controlled with no living thing on board.

4. 14 C.F.R § 91.7(a): Civil Ai rcraft Airworthiness

As there will be no airworthiness certificate is sued for the un manned aircraft, and no FAA regulatory standard exist f or determining airworthiness of the UA, the requirements contained in the manufacture’s manuals and the res trictions already agreed to will provide and e quivalent level of safety.

5. 14 C.F.R § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civi l aircraft. Section 91.119(d) allows helicopters to be operated at less than the mi nimums prescribed, provided the person operating the he licopter complies with any route or altitudes prescribed for helicopters by the FAA.

Exemption #12706 declares that beca use of the lack of flammable fuel, any risk associated with these operations i s far less than those present ly presented with conventional aircraft operating at or below 500 AGL. In additi on, the low altitude operations of the UAS will ensure separation between these smal l UAS operations and the operations of conventional aircraft that must comply wi th Section 91.119.

56. 14 C.F.R § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to m aintain cruising by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting a vailable before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read ou t, an exemption is requested. An equivalent level of safety will be achieved by t he operator, pursuant to following the manufact urer’s manuals. Furthermore, many other petitions have been granted allow ing GPS to be used in lieu of an altimeter setting.

7. 14 C.F.R § 91.151(b): Fuel Requiremen ts for Flight in VFR Condi tions

Section 91.151(b) states: “ No person may begin a flight in a rotorcraft 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, to fly after t hat for at least 20 minutes.”

Dynamic Aerial Solutions believes that an equivalent level of s afety can be achieved by restricting operations to “the intended operation a nd to operate after that for at least five minutes or with the reserve power recomm ended by the manufacturer if greater. ” Exemption #11284, at page 5.

8. 14 C.F.R § 91.405(a); § 91.407(a)(1 ); §91.409(a)(1) & (2); § 91 .417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “s hall have that aircraft inspected as prescrib ed in subpart E of this part and shall between required inspections, except as provided i n paragraph (c) of this sectio n, have discrepancies repaired as prescribed in pa rt 43 of this chap ter”( 14 C.F.R. § 91.405(a)) and others shall inspect or maintain t he aircraft in compliance wit h Part 43. Given that these sections and Part 43 appl y only to aircraft with an airwo rthiness certificate, these sections will no t apply to the UAS. A n equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restr icted areas for limited period s of time. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an air worthy condition to provide the equivalent level of safety. Lastly, Dynamic Aerial Solutions will operate in accor dance with the manufacturer’s manuals referenced and will provide an equivalen t level of safety as the regulations.

D. EQUIVALENT LEVEL OF SAFETY

Dynamic Aerial Solutions proposes that the exemption requested herein applies to civil aircraft that have the characteristics and that operate with th e limitations listed herein. These limitations provide for at least an equivalent or even higher l evel of safety to operations under the current regulatory structure.

6These limitations and conditions are identical to Exemption # 13001 except for the difference in aircraft. Dynamic Aerial Solutions agrees to be b ound when conducting commercial UA operations. The list of limitations and condition s include the following:

1. Operations authorized by this g rant of exemption are limited to the DJI Phantom 3 when weighing less than 55 pounds i ncluding payload. Proposed o perations of any other aircraft will require a new petition or a petition to amend thi s exemption.

2. Operations for the pur pose of closed-set motion picture and tel evision filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 m iles per hour). The exemption holder may use either groundspeed or calibrated a irspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recomm ended by the aircraft manufacturer.

4. The UA must be operated at an a ltitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within vis ual line of sight (VLOS) of t he PIC at all times. This requires the PIC to be abl e to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA mus t be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS require ment as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verball y at all times; electronic messaging or texting is not perm itted during flight operations. The PIC must be designated before the flight and cannot transfer his or her des ignation for the duration of the flight. The PIC must ensu re that the VO can perform the du ties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with t he conditions and limitations st ated in this grant of exemption, are hereinafter refe rred to as the operating documen ts. The operating documents must be acc essible during UAS operations and made ava ilable to the Administrator upon request. If a discrepancy exists between th e conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revis e its operating documents. It is the operator’s responsibility to tr ack such revisions and present updated and revised documents to the A dministrator or any law enforcement offi cial upon request. Th e operator must also present updated and revised docum ents if it petitions for exten sion or amendment to this grant of exemption. If the opera tor determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the opera tor must petition for an

7am endment to its grant of exem ption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affe ct the UAS operation or flight characteristics, e.g., replacement of a flight critic al component, must undergo a functional test flight prior to conducting further operations u nder this exemption. Functional test flights may only be conducted by a PIC with a VO and must 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.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Pr ior to each flight, the PIC must conduct a pre-flight inspect ion and determine the UAS is in a condition for safe fli ght. The pre-flight inspectio n must account for all potential discrepanci es, e.g., inoperable co mponents, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, ov erhaul, replacement, inspection, and life limit requirements for the ai rcraft and aircraft components.

12. E ach UAS operated under this exe mption must comply with all man ufacturer safety bulletins.

13. U nder this grant of exemption, a P IC must hold either an airlin e 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 Columbia, Puert o Rico, a territory, a possessio n, 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.

14. The operator may not permit any PI C to operate unless the PIC d emonstrates the ability to safely operate the UAS in a manner consistent with h ow the UAS will be operated under this exemption, inc luding evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehicl es and structures. PIC qualification flight hours and cu rrency must be logged in a man ner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’ s PICs and VOs (training, proficiency, and experience-build ing) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operate d under this exemption
are perm itted under the terms of t his exemption. However, train ing operations may only be conducted during dedic ated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flig ht operations are considered nonparticipants, and the PIC mus t operate the UA with appropria te distance from nonparticipants in accord ance with 14 CFR § 91.119.

815. UAS operations may not be conducte d during night, as defined in 14 CFR § 1.1. All operations must be con ducted under visual m eteorological condit ions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 na utical miles of an airport re ference point (ARP) as denoted in the current FAA Air port/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued t o the exemption holder. The letter of agreement with the airport management must be mad e available to the Administrator or any law enfo rcement official upon request.

17. The UA may not be operated less than 500 feet below or less tha n 2,000 feet horizontally from a cloud or when visibility is less than 3 sta tute miles from the PIC.

18. I f the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obsta cles or emergencies.

20. The PIC is prohibited from begi nning a flight unless (consideri ng wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after t hat for at least 5 minutes or w ith the reserve power recommended by the manufacturer if greater.

21. Ai r Traffic Organization (ATO) Certificate of Waiver or Authori zation (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or a mended COA if it intends to cond uct operations that cannot be conducted under the te rms of the enclosed COA.

22. All aircraf t operated in accordan ce with this exemption must be identified by serial number, registered in accordan ce 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. Documents us ed by the operator to ensure the safe operation and flight of the UAS and any 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 ava ilable t o the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation op erations and activities at all times.

25. The UAS may not be operated by th e PIC from any moving device o r vehicle.

All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

9• Barriers or structures are present that sufficiently protect no nparticipating persons from the UA and/or debris in t he event of an accident. The ope rator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leav e such protection and are wi thin 500 feet of the UA, flight operations must ceas e immediately in a manner en suring the safety of nonparticipating persons; and

• The owner/controller of any vesse ls, vehicles or structures has granted permission for operating closer to those obj ects and the PIC has made a sa fety assessment of the risk of operating closer to t hose objects and determined th at it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not con sidered nonparticipating persons under this exemption.

26. Al l operations shall be conducted over private or controlled-ac cess property with permission from the property owne r/controller or authorized rep resentative. Permission from property owner/c ontroller or authorized represe ntative will be obtained for each flight to be conducted.

27. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration O ffice (AFS−80) with in 24 hours. Acci dents must be reported to the National Transportation Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

E. THE REASONS WHY GRANTING T HE EXCEPTION WOULD BE IN THE PUBLIC INTEREST

Dynamic Aerial Solutions inte nds to produce video and picture c ontent. If we are unable to

have the option of using our UA , the only other way to obtain t he aerial footage is by using

manned aircraft which pose a dange r to the pilot, cameraman and individuals on the ground.

There are no pilots on board the UA and due to the small size o f the UA, there is less risk

posed to people and property on the ground in case of an emerge ncy.

Manned helicopters produce great amounts of noise pollution dis rupting the quiet enjoyment

of private property of the public . UA are much quieter and wil l not disrupt the public as

much as manned aircraf t; thus, the public will benefit from a r eduction in noise pollution.

10Piston and turbine powered helicopt ers produce exhaust which af f ects the environment while

the Phantom 3 is electric and does not produce any emission. T he environment and public

are benefited by the use of the UA.

UA use batteries for power which are not as flammable and explo sive as 100LL or Jet A. If

there was an emergency where t he UA crashed, there is less chance of individuals being

injured from an explosion or fire. UA also use smaller rotors t han manned helicopters which

will cause far less damage or injury in the case of a crash. L astly, the UA will be operated at

lower altitudes than manned aircraft, benefiting the public bec ause the danger of a mid-air

collision is reduced.

F. PRIVACY STATEMENT

Similar to the manned aerial acquisition flight operations that have been conducted for

decades, Dynamic Aerial Solutions proposed operation of the DJI Phantom 3 UAS will not

implicate any privacy issues. Sp ecifically, the DJI Phantom 3 UAS will be operated only in

compliance with operating documents (i.e., the Dynamic Aerial Solutions Operations Manual

and DJI Phantom 3 Instruction Manual) which requi res property owner involvement i n

accordance with the Federal Aviation Regulations.

G. FEDERAL REGISTER SUMMARY

Dynamic Aerial Solutions seeks an exemption from the following regulations:

14 C.F.R §§ 61.23(a) & (c), 61.101(e )(4) & (5), 61.113(a), 61.3 15(a), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409( a)(1) & (a)(2), and 91.417(a) & (b) to operate commerc ially a small unmanned vehicl e (55 lbs. or less) for aerial data collection, f light instruction, mapping, search and rescue and market research.

The operations listed under the r estrictions proposed herein wi ll provide an equivalent

or better level of safety as the Federal Aviation Regulations.

1112 CONCLUSION

As set forth herein, Dynamic Aerial Solutions seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which

will permit safe operation of the DJI Phantom 3 UAS commerciall y, without an airworthiness

certificate, for the limited pur pose of conducting aerial video and photography over certain

areas of the United States. B y granting this Petition, the FAA Administrator will be fulfilling

the Congressional mandate of the FAA Modernization and Reform A ct of 2012, while also

advancing the interest s of the public, by allowing Dynamic Aerial Solutions to safely,

efficiently, and economically operate the DJI Phantom 3 UAS com mercially within the NAS.

Thank you for your consideration.

Michael Franks President Dynamic Aerial Solutions