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 OF 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), 91.409(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 OF 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 

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TABLE OF CONTENTS

Page 

SUMMARY...............................................................................................................................3 

INTRODUCTION AND INTERESTS 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 REASONS WHY SAFETY WILL NOT BE 

AFFECTED....................................................................................................................5 

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

E. THE REASONS WHY GRANTING THE EXCEPTION WOULD BE IN THE 

PUBLIC INTEREST .................................................................................................10

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

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

CONCLUSION........................................................................................................................12 

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SUMMARY

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), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an 

Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit Dynamic Aerial Solutions to operate an 

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

include: 

 Instruction, 

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

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

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

construction sites, real estate, agricultural lands, special events and landscape 

over certain areas of the United States. 

 Types of aircraft to be flown: 

o DJI Phantom 3 

 Dynamic Aerial Solutions will operate 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 Flight Battery Safety Guide v1.0

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INTRODUCTION AND INTERESTS OF THE PETITIONER

Dynamic Aerial Solutions seeks to provide its clients with affordable expertise and 

knowledge in advanced technologies and solutions to increase efficiency, 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 aviation experience in the United States NAS and abroad. I 

have provided services which include 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 THE 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)

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C. THE EXTENT OF RELIEF AND REASONS WHY SAFETY WILL NOT BE 

AFFECTED 

1. 14 C.F.R § 61.23(a) & (c): Medical 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 provide an equivalent 

level of safety. 

2. 14 C.F.R § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 

14 C.F.R § 61.315(a): Sport Pilot Limitations 

Exemption #11221, #11284, and many others have declared that there is an 

equivalent level of safety as the FAR’s by requiring the PIC to “hold either an 

airline transport, commercial, private, recreational or sport pilot certificate.” 

Likewise, Dynamic Aerial Solutions is also performing commercial UAS work 

and is asking for the same restrictions 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) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC to 

operate the UAS via a remote controller. The risks associated are therefore far 

less than the risk levels inherent in the commercial activities outlined in Part 61. 

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

remotely controlled with no living thing on board. 

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

As there will be no airworthiness certificate issued for the unmanned aircraft, and 

no FAA regulatory standard exist for determining airworthiness of the UA, the 

requirements contained in the manufacture’s manuals and the restrictions already 

agreed to will provide and equivalent level of safety. 

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119(d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. 

Exemption #12706 declares that because of the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low altitude 

operations of the UAS will ensure separation between these small UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. 

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6. 14 C.F.R § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising by 

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

an appropriate altimeter setting available before departure.” As the UAS may not 

have a barometric altimeter, but instead a GPS altitude read out, an exemption is 

requested. An equivalent level of safety will be achieved by the operator, 

pursuant to following the manufacturer’s manuals. Furthermore, many other 

petitions have been granted allowing GPS to be used in lieu of an altimeter setting. 

7. 14 C.F.R § 91.151(b): Fuel Requirements for Flight in VFR Conditions 

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 that for at least 20 minutes.” 

Dynamic Aerial Solutions believes that an equivalent level of safety can be 

achieved by restricting operations to “the intended operation and to operate after 

that for at least five minutes or with the reserve power recommended 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 “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”( 14 C.F.R. § 91.405(a)) 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 the UAS. An 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 restricted areas for limited periods of time. Moreover, 

the operator is the person most familiar with the aircraft and best suited to 

maintain the aircraft in an airworthy condition to provide the equivalent level of 

safety. Lastly, Dynamic Aerial Solutions will operate in accordance with the 

manufacturer’s manuals referenced and will provide an equivalent 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 the limitations listed herein. These 

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

under the current regulatory structure. 

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These limitations and conditions are identical to Exemption # 13001 except for the 

difference in aircraft. Dynamic Aerial Solutions agrees to be bound when conducting 

commercial UA operations. The list of limitations and conditions include the following: 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 

when weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming 

are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). 

The exemption holder may use either groundspeed or calibrated airspeed 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 recommended by the aircraft 

manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL. 

5. The UA 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 FAA-issued airman medical certificate or 

 U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must 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 requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; electronic 

messaging or texting is not permitted during flight operations. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration of 

the flight. The PIC must ensure that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 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 revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and revised documents to the 

Administrator or any law enforcement official upon request. The operator must also 

present updated and revised documents if it petitions for extension or amendment to this 

grant of exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the operator must petition for an 

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amendment to its grant of exemption. 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 affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo a 

functional test flight prior to conducting further operations under 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. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, 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, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

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

safety bulletins. 

13. Under this grant of exemption, a PIC must 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 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. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency 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 UAS in a manner consistent with how the UAS 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. 

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15. 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. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/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 to the exemption holder. 

The letter of agreement with the airport management must be made available to the 

Administrator or any law enforcement official upon request. 

17. 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. 

18. If 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 obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the intended 

operation and to operate after that for at least 5 minutes or with the reserve power 

recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The exemption 

holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the enclosed COA. 

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. Documents used 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 available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

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• 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 

• 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. 

The PIC, VO, operator trainees or essential persons are not considered nonparticipating 

persons under this exemption. 

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative 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 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. 

E. THE REASONS WHY GRANTING THE EXCEPTION WOULD BE IN THE 

PUBLIC INTEREST 

Dynamic Aerial Solutions intends to produce video and picture content. If we are unable to 

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

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

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

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

Manned helicopters produce great amounts of noise pollution disrupting the quiet enjoyment 

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

much as manned aircraft; thus, the public will benefit from a reduction in noise pollution. 

10
Piston and turbine powered helicopters produce exhaust which affects the environment while 

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

are benefited by the use of the UA. 

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

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

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

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

lower altitudes than manned aircraft, benefiting the public because 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. Specifically, 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 requires property owner involvement in 

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), 61.315(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 commercially a small unmanned vehicle (55 lbs. or less) 

for aerial data collection, flight instruction, mapping, search and rescue and market 

research. 

The operations listed under the restrictions proposed herein will provide an equivalent 

or better level of safety as the Federal Aviation Regulations. 

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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 commercially, without an airworthiness 

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

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

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

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

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

Thank you for your consideration. 

Michael Franks 

President 

Dynamic Aerial Solutions