UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMI NI STRATION WASHINGTON, DC

Regulatory

Docket No.

INTHE MATTER OF THE PETITION FOR EXEMPTI ON OF:

SCOTT GORDON BAHNUB

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTI ONS 61.113(a) & (b), 91.7(a), 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 THE DJ I PHANTOM 3 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on November 16, 2015

SCOTT GORDON BAHNUB 51152 OAK RIDGE RD, OSSEO,WI SCONSIN 54758 608 799

- 7701

TABLE OF CONTENTS PageGLOSSARY OF

ABBREVI

ATIONS.

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

SUMMARY.

................................ ................................ ................................ ................................ ..................... 4

IN TRODUCTION AND INTERESTS OF PETITIONER.

................................ .................... 4

BACKGROUND.

................................ ................................ ................................ .......................... 5

BASI S FOR PETITION.

................................ ................................ ................................ ......... 5

NAME AND ADDRESS OF PETITI ONER.

................................ .............................. 6

THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI C H SCOTT BAHNUB EXEMPTI ON.

......................... 7

THE EXTENT OF RELIEF SCOTT BAHNUB SEEKS AND THE REASON SCOTT BAHNUB SEEKS THE RELIEF...

........................... 9

THE REASONS WHY GRANTING SCOTT BAHNUB ’S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ................................ .......................... 11

THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ ........................ 13

CONCLUSI ON.

................................ ................................ ................................ ...................... 19GLOSSARY OF ABBREVI ATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command Section 333 FAA Modernization and Reform Act of2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing DJI UAV manufacturer ESC Electronic speed control FPV First Person View LI

- PO Li thium Poly mer battery RCV Radio Controlled vehicle**SUMMARY**

Scott Bahnub , operating under the comp any title, Bahnub Realty LLC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 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 Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemptio n will permit Scott B ahnub to operate an Unmanned Aircraft S ys tem (UAS) for the commercial purpose of conducting aerial video and photography for Marketing, film sets, real estate photography, commercials, special events, roofing inspection, and landscape imaging over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** 

My name is Scott Bahnub , and I am a A erial RCV enthusiast with over 4 ye ars of experience operating various ty pes of Aerial RCV’s as well as 1 year operating quadcopter UAS’s. Scott Bahnub also provides customers high quality photography for a wide range of applications. Scott Bahnub is considered an advanced level RCV pilot who has even taught beginners how to pilot RCV’s.

The objective of Bahnub Realty LLC is to provide superior aerial imaging for a wide range of industries and events while promoting safe UAS operations and promoting public knowledge of UAS’s as well as providing a high level of knowledge about UAS’s.**BACKGROUND**

Unmanned Aircraft Systems: DJIPhantom Pro Scott Bahnub seeks an exemption to operate the DJIs ys tem for compensation or hire within the NAS. The DJ I Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJ I Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJ I P hantom Pro is equipped with four main rotors; driven by a Lithium Poly mer battery powered electric motor.

The DJ I Phantom Pro that will be operated b y Scott Bahnub will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

**BASIS FOR PETITION** 

Peti tioner, Scott Bahnub , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft S ys tems, hereby petitions the Administrator to commercial ly operate the DJ I Phantom Pro in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Scott Bahnub ’s operation of DJIPhantom Pro meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingl y, Scott Bahnub requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Scott Bahnub submits th at the requested relief is proper since an equivalent level of safety wil l be ensured. Scott Bahnub will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJIPhantom 3 Manual). Furthermore, Scott Bahnub will document and maintain all maintenance records for the DJIPhantom 3.

Relief from certain requirements of Section 61.11 3(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested b y Scott Bahnub to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom Pro in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Scott Bahnub seeks relief from Section 91.7(a), entitled Civil aircraft airworthin ess, because the

DJIPhantom Pro does not require an airworthiness certificate in accordance w ith 14 C.F.R. Part 21, Subpart H. As such, Scott Bahnub submits that he will ensure that the DJ I Phantom Pro is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., Monthly Maint enance Lo g, and DJIPhantom Pro Instruction Manual), and that the aircraft is in a condition for safe flight.

Scott Bahnub also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJ I Phantom Pro will not have a typical barometric altimeter onboard. However, altitude info rmation of the DJ I Phantom Pro will be provided to the PI C via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path. This altitude information, combined with Scott Bahnub ’s operation of the DJ I Phantom Pro within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121

. Additionally , Scott Bahnub seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Scott Bahnub submits that safety will not be affected b y op eration of the DJ I Phantom Pro during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after th at for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Scott Bahnub provides the following information in support of its petition for exemption:

**A. Name**  **And Address**  **Of The**  **Petitioner.** The name and address of the Petitioner and point of contact is: SCOTT GORDON BAHNUB 51152 OAK RIDGE RD, OSSEO, WI . 54758 608 799

- 7701 SBAHNUB@OUTLOOK.COM**A. The**  **Specific Sections**  **Of 14**  **C.F.R. From**  **Which Scott Bahnub**  **Seeks Exemption.** 

**1. Scott Bahnub**  **Seeks Exemption**  **From The**  **Requirements Of**  **Section 61.113(a) And**  **(b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) o f an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft.

(b) A private pilot may, for compensation or hire, act as PI C of an aircraft in connection with any busin ess or emplo ym ent if

— (1)The flight is only

incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

**2. Scott Bahnub**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition.

**3. Scott Bahnub**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

**4. Scott Bahnub**  **Seeks Exemption From The R equirements Of**  **Section 91.151(b).** Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following:

(b ) 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.**5. Scott Bahnub**  **Seeks Exemption From The Requirement Of Section 91.405(a).** 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.]

**6. Scott Bahnub**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person a

uthorized under § 43.7 of this chapter[.]

**7. Scott Bahnub**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1)**  **And 91.409(a)(2).**  Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

**8. Scott Bahnub**  **Seeks Exemption From The Requirements Of Sections 91.417(a)**  **And 91.417(b).**  Section 91.417, entitled Maintenance record s, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

1. Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service.

2. Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor.(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engine s, rotors, propellers, and appliances.

3. The owner or operator shall retain the following records for the periods prescribed: (i) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (ii) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (iii) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

**B Extent Of**  **Relief Scott Bahnub Seeks And The Reason**  **Scott Bahnub Seeks The**  **Relief. 1.**  **Extent Of**  **The Relief**  **Scott Bahnub Seeks**  **And The**  **Reason Scott Bahnub**  **Seeks Relief**  **From Section**  **61.113(a) And**  **(b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or high er level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) Th e aircraft does not carry passengers or property for compensation or hire. As set forth more full y below, Scott Bahnub submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJ I Phantom Pro unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safel y operate the DJ I Phantom Pro in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Furth ermore, Scott Bahnub submits that all flights of the DJ I Phantom Pro
, conducted b y the PIC pursuant to the grant of this Petition: (1) will be incidental toScott Bahnub 's business; and (2) will not carry passengers or property for compensation or hire.

**2. Extent**  **Of Relief**  **Scott Bahnub Seeks**  **And The**  **Reason Scott Bahnub**  **Seeks Relief From Section**  **91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent require d to allow Scott Bahnub to determine that the DJ I Phantom Pro is in airworthy condition prior to every flight by ensuring that the Pro is in compliance with the operating documents ( i.e., Scott Bahnub ’s Aerial Operations Manual, Monthly Maintenance Lo g, and DJI Phantom Pro Instruction Manual, Pre

- Flight Checklist). Scott Bahnub seeks the requested relief because the DJ I Phantom Pro UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Scott Bahnub wil l ensure that the DJ I Phantom Pro UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 3 Instruction Manual) prior to every flight, and further, determine that the aircraft is in condition for safe flight, as state d in the conditions and limitations below.

**3. Extent**  **Of Relief**  **Scott Bahnub Seeks**  **And The**  **Reason Scott Bahnub**  **Seeks Relief From Section**  **91.121.** Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJIPh antom Pro UAS, which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Scott Bahnub seeks the requested relief because the DJ I Phantom Pro UAS’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the DJ I Phantom 3 UAS is equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be es tablished prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS.

**4. Extent**  **Of Relief Scott Bahnub**  **Seeks And**  **The Reason**  **Scott Bahnub Seeks**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJ I Phantom Pro UAS during daylight hours in visual meteorological conditions (VMC), under vi sual flight rules (VFR), for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Scott Bahnub seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom Pro UAS will severel y constrain the practicality of any aerial video or still photo flight operations that Scott Bahnub proposes to conduct pursuant to this Petition. Significantly
, as set forth below, the technical specifications of the DJ I Phantom Pro UAS, the DJ I Phantom Pro UAS’s operating documents, and proposed operating limitations, ensure that Scott Bahnub will safel y operate the battery powered DJI Phantom3 UAS during daylight hours in visual meteorological conditions (VMC), under visual

flight rules (VFR), with enough battery power to fly

for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly a fter that for at least 4.5 minutes.

**5. Extent Of**  **Relief Scott Bahnub Seeks And The**  **Reason Scott Bahnub Seeks Relief**  **From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) &**  **(b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)( 2), and 91.417(a) & (b) only appl y to aircraft with an airworthiness certi ficate, Scott Bahnub requests relief from these Se ctions because the DJ I Phantom Pro UAS does not require airworthiness certificates. As set forth more fully below, the DJ I Phantom P ro UAS meets the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Scott Bahnub will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., Scott Bahnub Aerial Operations Manual, Monthly Maintenance Log, DJ I Phantom 3 Instruction Manual, Pre

- Flight Checklist). Furthermo re, Scott Bahnub will document and maintain all maintenanc e records for the DJ I Phantom 3 UAS.

**C. The**  **Reasons Why**  **Granting Scott Bahnub**  **’s Request**  **Would Be**  **In The**  **Public Interest; That**  **Is, How**  **It Would**  **Benefit The**  **Public As**  **A Whole.** 

Granting the present Petition will further the public interest b y allowing Scott Bahnub to safely
, efficiently , and economicall y perform aerial video and photography of construction sites, real estate, and landscape, and events over certain areas of the United States. Additi onally , use of the DJIPhantom Pro UAS will decrease congestio n of the NAS, reduce pollution, crashes and accidents caused by pilot error and provide significant benefits to the economy . Notably
, the benefits of Scott Bahnub ’s proposed operation of the DJ I Phantom 3 UAS will be realized without implicating any privac y issues. **1. The Public Will Benefit From Decreased Congestion Of The**  **NAS.**

The DJ I Phantom Pro UAS is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery

. By

reduci ng the amount of manned aircraft needed to perform aerial acquisitions, an exemption allo wing the use of a DJIPhantom Pro UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft wi ll be reduced. The DJ I Phantom Pro does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled b y air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**2. The**  **Public Will**  **Benefit From**  **The Safety**  **And Efficiency**  **Of The**  **DJI Phantom 3**  **UAS.** Conducting aerial acquisitions with the DJIPhantom 3 UAS, instead of manned aircraft, will greatly benefit the public by drasticall y reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJ IPhantom Pro UAS produces no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typicall y utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJ I Phantom Pro UAS, while reduc ing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJ I Phantom Pro UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 3 (weighing approximately 2 pounds 14 ounces at its maximum gross weight, with a length of 16 inches, and a width of 16 inches, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty

picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, an d a fuel capacity of 180 gallons).

**3. Performing**  **Aerial Video**  **and Photography**  **Operations With**  **The DJI**  **Phantom Pro UAS Will Benefit The**  **Economy.**
In addition to being safe and efficient, the DJ I Phantom Pro UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJIPhantom Pro UAS will allow United St ates based companies, like Bahnub Realty LLC, to remain competitive and contribute to growth of the U.S. economy

. Specifically , with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only

allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 3 UAS, companies such as Bahnub Realty LLC, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy

. Improved financi al performance of U.S. companies, through

commercial use of the DJI Phantom Pro UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy**  **Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Scott Bahnub ’s proposed operation of the DJ I Phantom 3 UAS wil l not implicate any privacy issues. Specifically , the DJI Phantom Pro UAS will be operated onl y in compliance with operating documents (i.e., Scott Bahnub’s Aerial Operations Manual, Monthl y Maintenance Log, DJ I Phantom Pro and Instruction Manual, Pre

- Flight Checklist) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitudeRequirements of 14 C.F .R. § 91.119.

**E. The**  **Reasons Why**  **Granting The**  **Exemption Would**  **Not Adversely**  **Affect Safety,**  **Or How**  **The Exemption Would**  **Provide A Level Of Safety At Least Equal To**  **That Provided By The Rule Fro**  **m Which Scott Bahnub Seeks**  **Exemption.**

**1. Reasons Why The DJI Phantom**  **3 UAS Meets The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.** 
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Scott Bahnub ’s operation of the DJ I Phantom 3 UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness cer tification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security

. Specifically , FMRA Section 333 states the following, in part: (a) In General.

--Notwith standing any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which ty

pes of unmanned aircraft s ys tems, if any, as a result of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the n ational airspace system or the public or pose a threat to national security ; and whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem, the Secretary

shall establish requirements for the safe operation of such aircraft s ys tems in the national airspace system. In seeking this exemption, Scott Bahnub submits that the DJ I Phantom 3 UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJIPhantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The**  **Specifications Of**  **The DJI**  **Phantom 3**  **UAS Demonstrates**  **Its Safe**  **Characteristics.** The DJ I Phantom 3 UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

. **i. Technical**  **Specifications Of The DJI Phantom 3 UAS.**  The technical specifications of the DJ I Phantom 3 UAS is set forth by the DJIPhantom 3 Specifications and Data Sheet, attached hereto as Exhibit A. **ii. The**  **DJI Phantom**  **3 UAS’ Autonomous**  **Flight And**  **Navigation Modes**  **Enable The**  **UAS To**  **Remain Within**  **A Defined**  **Operational Area.**  The DJ I Phantom 3 UAS may be operated in both manual and fullyautonomous flight modes. A complete description of the flight and navigational modes of the DJ I Phantom 3 UAS is provided at pages 25

- 35 of the DJ I Phantom 3 User Manual, attached hereto as Exhibit B. **iii. The DJI Phantom**  **3 UAS is Designed For Automatic Return**  **To Home Point**  **Or Hover**  **In The**  **Event Of**  **Loss Of**  **The Control**  **Link Or**  **Navigation.** When the Control Link is lost, the DJIPhantom 3 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 UAS does not reacquire control link data from the GCS, the UAS will assume that the Control Link is lost and the UAS will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 3 UAS are set forth at pages 27 through 29 of the DJ I Phantom User Manual, attached hereto as Exhibit B. **iv. The DJI Phantom 3 GCS And Its**  **Operation.** A complete description of the operation and specifications of the DJ I Phantom 3 GCS and flight control software is provided at pages 32 through 43 of the DJ I Phantom 3 User Manual. DJ I Phantom 3 User Manual is attached hereto as Exhibit B.

**b. Flight Operatio**  **ns Of DJI Phantom 3 UAS is Limited To**  **The Line Of Sight Of**  **A Certificated**  **Pilot in**  **Command With**  **A Safety**  **Observer.** Scott Bahnub will only

utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 3 UAS. Additionally
, a safety observer will assist all pilots during flight time.

**c. Flights Of DJI Phantom**  **3 UAS Will Be Conducted Pursuant To**  **Specific Operating**  **Limitations.** In seeking this exemption, Scott Bahnub proposes to commerciall y operate the DJ I Phantom 3 UAS for the special purpose of conducting aerial video and photography over certain areas of Uni ted States, pursuant to the following specific operating limitations:

1. Operations authorized b y this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gro ss weight: DJ I Phantom 3 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAS may

not be flown at an indicated airspeed exceeding 20 knots.

4. The UAS must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. 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 un aided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.6. The use of first person view (FPV) b y the PI C or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VL OS capability . The SO and PI C 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 SO can perform the functions prescribed in the operating documents

.
8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the pro cedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption 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 upon request. The operator must also present updated and revised documents if it petition s for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that 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 must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.

11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical certificate.

18. The operator may

not permit any

PI C to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator ’s PI Cs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations a re considered nonparticipants, and the PI C must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) ar e not authorized.

20. The UAS may

not operate within 5 nautical miles of an airport reference point 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 conducte d in accordance with a NOTAM as required b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

21. 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 PI C.

22. If the UAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in

acc ordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the 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. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by seri al number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times.

30. The UAS may

not be operated b y the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating person s 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 and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authori zed representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.33. 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.

**2. Reasons**  **Why An**  **Exemption From**  **The Requirements**  **Of Section**  **61.113(a) And**  **(b) Would**  **Not Adversely Affect Safety.** 

Scott Bahnub submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Cons idering Scott Bahnub ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills neces sary to safel y operate the DJ I Phantom 3 UAS, Scott Bahnub submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Scott Bahnub ’s specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Scott Bahnub will not allow any P IC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements and the DJ I Phantom 3 UAS training an d currency requirements, that the PI C is able to safely operate the DJ I Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Scott Bahnub ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and l ogged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may

be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 days(for currency purposes). The FAA finds that at a minimum, the flight hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Scott B ahnub will ensure safe operations by not allowing any PI C to operate the DJ I Phantom Pro UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

**CONCLUSION** Scott Bahnub seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 33 3 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJ I 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 Scott Bahnub to safely, efficiently
, and economicall y operate the DJIPhantom 3 UAS commercially within the NAS. Therefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Secti on 333, Scott Bahnub respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Scott Bahnub Realty LLC to operate the DJ I Phantom 3 UAS commerciall y for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: June 30, 2015 Submitted by Scott Bahnub**APPENDIX**

**– A**  DJI PHANTOM 3 TECHNI CAL SPECIFI CATIONS

Scott Bahnub only

utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJIsoftware provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/t ablet devices)

1.1 DJIPhantom 3 1.2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJ I 6000AH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy

(Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s 1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED) 1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dy namic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90/s 1.1.3 Camera 1.1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C) 1.1.3.2 Sensor Size

– 1/2.3” 1.1.3.3 Effective Pixels

– 14M 1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110/85

**APPENDIX**

**- B**  **DJI PHANTOM 3 USER MANUAL**  http://www.dji.com/product/phantom

- 3/download