UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATIONADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

SCOTT GORDON BAHNUB

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF 

THE CODE OF FEDERAL REGULATIONS 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) CONCERNING 

COMMERCIAL OPERATION OF THE DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 

2012 (PUBLIC LAW112-95)

Submitted on November 16, 2015

SCOTT GORDON BAHNUB

51152 OAK RIDGE RD,

OSSEO,WISCONSIN

54758

608 799-7701

TABLE OF CONTENTS

Page
GLOSSARY OF 

ABBREVIATIONS. .....................................................................................................................3

SUMMARY......................................................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER. ....................................................4

BACKGROUND. .......................................................................................................................... 5

BASIS FOR PETITION. .........................................................................................................5

NAME AND ADDRESSOF PETITIONER. .............................................................. 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH 

SCOTT BAHNUB EXEMPTION..........................7

THE EXTENT OF RELIEF SCOTT BAHNUB SEEKS AND THE REASON

SCOTT BAHNUB SEEKSTHE

RELIEF.............................. 9

THE REASONS WHY GRANTING SCOTT BAHNUB’SREQUEST WOULD BE IN 

THE PUBLIC INTEREST..........................................................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELYAFFECT SAFETY........................................................................................13

CONCLUSION.......................................................................................................................19
GLOSSARY OFABBREVIATIONS

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 ofAuthorization

FAA Federal AviationAdministration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System 

NOTAM Notice toAirman

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 Lithium Polymer battery

RCV Radio Controlled vehicle
SUMMARY

Scott Bahnub, operating under the company 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 System pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will 

permit Scott Bahnub to operate an Unmanned Aircraft System (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 

UnitedStates.

INTRODUCTION AND INTERESTS OF THEPETITIONER

My name is Scott Bahnub, and I am a Aerial RCV enthusiast with over 4 years of 

experience operating various types 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 awide 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: DJI Phantom Pro

Scott Bahnub seeks an exemption to operate the DJI system for compensation or hire within the 

NAS. The DJI 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 DJI 

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 DJI Phantom Pro is equipped with four main rotors; driven by a Lithium Polymer 

battery powered electric motor.

The DJI Phantom Pro that will be operated by 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

Petitioner, 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 Systems, hereby petitions the Administrator to commercially

operate the DJI Phantom Pro in the NationalAirspace System (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 DJI Phantom Pro meets 

the conditions of FMRA Section 333 and therefore, will not require anairworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, 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 that the requested relief is proper since an equivalent level of safety will 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 DJI Phantom 3

Manual). Furthermore, Scott Bahnub will document and maintain all maintenance records for the 

DJI Phantom 3.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Scott Bahnub to the extent necessary to allow a 

Pilot in Command (PIC) 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 safely operate the DJI 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 airworthiness, because the 

DJI Phantom Pro does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. As such, Scott Bahnub submits that he will ensure that the DJI PhantomPro is in an

airworthy condition, prior to every flight, by determining

that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 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 DJI Phantom Pro will not have a typical barometric altimeter onboard. However, 

altitude information of the DJI Phantom Pro will be provided to the PIC 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 DJI Phantom Pro withinvisual line of sight, at or below 500 

feetAGL, 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 by operation of the DJI Phantom Pro during daylight hours in visual meteorological 

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total 

duration of approximately 15.5 minutes to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5minutes.

In accordance with 14 C.F.R. § 11.81, Scott Bahnub provides the following informationin 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 

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment 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 OfSection 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 OfSection 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, by 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 Requirements OfSection 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 OfSection 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 OfSection 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 by a person authorized under § 43.7 of this chapter[.]

7. Scott Bahnub Seeks Exemption From The Requirements OfSections 91.409(a)(1) 

And91.409(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 operatean 

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 OfSections 91.417(a) 

And 91.417(b).

Section 91.417, entitled Maintenance records, 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 theAdministrator) 

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 followinginformation:

(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, andappliance.

(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 by 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 isrequired.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for 

each major alteration to the airframe and currently installed engines, 

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 byother 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 ReasonScott 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 PIC holding a 

private pilot or higher 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 employment 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.

As set forth more fully below, Scott Bahnub submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom Pro

unless that PIC has met certain flight-hour and currency requirements, demonstrating that 

the PIC is able to safely operate the DJI 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 

andstructures.

Furthermore, Scott Bahnub submits that all flights of the DJI PhantomPro, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidentalto
Scott 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 required to allow Scott Bahnub to determine that the DJI 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 Log, and DJI Phantom Pro Instruction Manual, Pre-Flight Checklist).

Scott Bahnub seeks the requested relief because the DJI Phantom Pro UAS does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Therefore, Scott Bahnub will ensure that the DJI Phantom ProUASis in airworthy

condition based upon its compliance with the operating documents (i.e., Monthly

Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, 

determine that the aircraft is in condition for safe flight, as stated 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 DJI Phantom 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 PIC 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 DJI 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 eachflight.

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 fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 UAS is equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will 

be established prior to each flight, and provides the PIC 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 DJI 

Phantom Pro UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 15.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly 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 DJI Phantom Pro UAS will 

severely constrain the practicality of any aerial video or still photo flight operationsthat

Scott Bahnub proposes to conduct pursuant to this Petition. Significantly, as set

forth below, the technical specifications of the DJI Phantom Pro

UAS, the DJI Phantom Pro UAS’s operating documents, and proposed operating 

limitations, ensure that Scott Bahnub will safely operate the battery powered DJI Phantom
3 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 after 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 apply to aircraft with an airworthiness certificate, Scott Bahnub requests relief from 

these Sections because the DJI Phantom Pro UAS does not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom Pro UAS meets the conditions

of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, 

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, DJI Phantom 3 Instruction Manual, Pre- Flight Checklist). 

Furthermore, Scott Bahnub will document and maintain all maintenance records for the DJI 

Phantom 3UAS.

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 by allowing Scott 

Bahnub to safely, efficiently, and economically perform aerial video and photography of 

construction sites, real estate, and landscape, and events over certain areas of the United 

States.

Additionally, use of the DJI Phantom Pro UAS will decrease congestion 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 DJI Phantom 3 UAS will be realized without implicating any privacy 

issues.

1. The Public Will Benefit From Decreased Congestion Of TheNAS.

The DJI 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 reducing the amount of manned aircraft needed to perform aerial 

acquisitions, an exemption allowing the use of a DJI Phantom 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, by reducing the number of manned aircraft operating in the 

NAS, congestion around airports caused by arriving and departing aircraft will be 

reduced. The DJI 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 by 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 DJI Phantom 3 UAS, instead of 

manned aircraft, will greatly benefit the public by drastically 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, theDJI
Phantom 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 typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom Pro UAS, while reducing 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 DJI 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 completely eliminated. Aside from the lack of flight crew members 

located onboard the aircraft, the DJI 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 typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a 

fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom Pro UAS Will Benefit TheEconomy.

In addition to being safe and efficient, the DJI Phantom Pro UAS is also an 

economical alternative to using manned aircraft to conduct similar aerial operations. 

As such, operation of the DJI Phantom Pro UAS will allow United States 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 DJI 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 financial 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 andabroad.

4. There Are No PrivacyIssues.

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Scott Bahnub’s proposed operation of the DJI Phantom 3 

UAS will not implicate any privacy issues. Specifically, the DJIPhantom Pro UAS 

will be operated only in compliance with operating documents (i.e., Scott Bahnub’s 

Aerial Operations Manual, Monthly Maintenance Log, DJI 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 altitude
Requirements 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 From Which Scott Bahnub SeeksExemption.

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of TheFAA 

Modernization and Reform Act of 2012 (FMRA) Section333.

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 DJI 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 certification 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.--Notwithstanding 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 systems may operate safely 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 types of unmanned aircraft systems, 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 national 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 systems 

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section 

that certain unmanned aircraft systems may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft systems in 

the national airspace system.

In seeking this exemption, Scott Bahnub submits that the DJI Phantom 3 UAS can

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by:

(a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certificationrequirement; 

and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its Safe 

Characteristics.

The DJI 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 DJI Phantom 3 UAS is set forth bythe 

DJI Phantom 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 DJI Phantom 3 UAS may be operated in both manual and fully
autonomous flight modes. A complete description of the flight and navigational 

modes of the DJI Phantom 3 UAS is provided at pages 25-35 of the DJI Phantom 3 

User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 UAS is Designed ForAutomatic Return To Home Point 

Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 UAS will remain 

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI 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 DJI Phantom 3 UAS are set forth at 

pages 27 through 29 of the DJI Phantom User Manual, attached hereto as Exhibit B.

iv. The DJI Phantom 3 GCS And ItsOperation.

A complete description of the operation and specifications of the DJI 

Phantom 3 GCS and flight control software is provided at pages 32 through 43 of 

the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto as 

Exhibit B.

b. Flight Operations 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 commercially operate 

the DJI Phantom 3 UAS for the special purpose of conducting aerial video and 

photography over certain areas of United States, pursuant to the following specific 

operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft UASs weighing less than 

55 pounds maximum gross weight: DJI 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 unaided 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) by the PIC or safety observer (SO) isnot 

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 VLOS capability. The 

SO 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 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 procedures 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 petitions 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 properly 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 PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely 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 PICs are permitted under 

the terms of the exemption. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency, and experiencebuilding 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 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) are 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 conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to theAdministrator 

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 PIC.

22. If the UAS loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance 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 toAirman 

(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

serial 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 aspracticable.

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

and control of the UA must comply with the Federal CommunicationsCommission 

(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 PIC 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 uponrequest.

29. The UA must remain clear and yield the right of way to all mannedaviation 

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device orvehicle.

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

persons (persons other than the PIC, 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 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 immediatelyand/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 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, and;

c. Operations nearer to the PIC, 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 authorized 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 AffectSafety.

Scott Bahnub submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles andstructures.

Considering 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 necessary to safely operate the DJI 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 flightoperations.

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 PIC to operate the DJI Phantom 3 UAS unless that PIChas demonstrated, by

meeting minimum flight-hour requirements and the DJI Phantom 3 UAS training and 

currency requirements, that the PIC is able to safely operate the DJI 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.

Specifically, the PIC 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 PIC 

must accomplish 3 takeoffs and landings in the preceding 90 days (for currencypurposes).

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 logged, 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 PIC 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 PIC 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 safely 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 PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption 

No. 11138 at page 15.

Accordingly, Scott Bahnub will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom Pro UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

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 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 Scott Bahnub to safely, efficiently, and 

economically operate the DJI Phantom 3 UAS commercially within the NAS. Therefore, in 

accordance with the Federal Aviation Regulations and the FAA Modernization and Reform 

Act of 2012, Section 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 DJI Phantom 3 UAS commercially

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 TECHNICALSPECIFICATIONS

Scott Bahnub only utilizes safe and reliable UASs. DJI is an industry leader in small UAS 

production. DJI 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, DJI software provides real-time altitude and location information to 

the PIC via the linked monitor (smart phone/tablet devices)

1.1DJI Phantom 3

1.2 1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 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 MaxAscent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOTRECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 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