Dec 23, 2015

Ryan Shanahan 2726 Cheyenne Dr Bowling Green, Ky 42104 US Department of Transportation Docket Manager Systems 1200 New Jersey Ave. SE Washington DC 20590
Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R §21, Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); § 91.119(c); §91.121; §91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a) and (b). Dear Sir(s)/Madam(s), Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and C.F.R. Part 11, Ryan Shanahan (“Petitioner”) s eeks an exemption from the Federal Aviation Regulations as listed below. The requested exemption would allow Ryan Shanahan to provide aerial photography and video services to clients for use in real estate sale s using a DJI Phantom 3 Standard. U se of a U AS reduces the requirement to utilize manned lifting devices, manned climbing or manned aircraft over populated areas, for the same purpose and provides high quality results at a fraction of the price. These savingsresult in enhanced safety, efficiency and productivity as well as environmental benefits. Proposed

operations will be conducted within and under the conditions outlined herein or as m ay be established by the FAA as required by Section 333. As detailed in this document, the requested exempti on would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access. Granting this request fulfills the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use o f UAS's for real estate purposes. **In accordance with 14 C.F.R §11.81, Petitioner provides the following information in support of its petition for exemption:**  **I: Name and Address of the Petitioner:** Ryan Shanahan Owner, Ryan Shanahan 2726 Cheyenne Dr B owling Green, Ky 42104 Phone: (270)784 -4221 Email: ryan.shanahan@coldwellbanker.com **II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Petitioner** Requests Exemption are: §21, Subpart H §61.101(e)(4) and (5)§61.113

§61.315(a) §91.7(a) §91.9 (b) (2) §91.119(c) §91.121 §91.151(a)(1) §91.405(a) §91.407(a)(1) §91.409(a)(1) and (a)(2) §91.417(a) and (b) **Airworthiness Certificates** 14 C.F.R. § 21, Subpart H, sets forth requirements for procurement of necessary airworthiness Certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of the proposed sUAS meets (and exceeds) an equivalent level of safety pursua nt to Section 333 of the Reform Act. Therefore, no airworthiness certificate is required in accordance with 14 C.F.R. Part 21, Subpart H. The petitioner seeks to gain confirmation the FAA concurs. **Recreational Pilot Privileges** §61.101(e)(4) and (5) stat e that no person that holds a Recreational Pilot certificate may act as Pilot in Command of an aircraft for compensation or hire (4) or in furtherance of a business (5). The FAA has previously acknowledged in prior grants of exemption under Section 333 tha t a commercial pilot’s certificate was not necessary to safely operate a sUAS, but that the FAA could not waive the requirement for an FAA- issued pilot’s license. A Recreational Pilot certificate addresses the FAA’srequirement that the Pilot in Command have the requisite training and understanding of the National

Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline transport, comme rcial, private, recreational, or sport pilot certificate. **Private Pilot Privileges** §61.113 states that no person that holds a Private Pilot certificate may act as Pilot in Command of an aircraft for compensation or hire. The FAA has previously acknowledg ed in prior grants of exemption under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA- issued pilot’s license. A Private Pilot certificate addresses the FAA’s requirement that the Pilot in Command have the requisite training and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, recreational, or sport pilot certificate. **Sport Pilot Privileges** §61.315 states that no person that holds a Sport Pilot certificate may act as Pilot in Command of an aircraft for compensation or hire (c)(2) or in furtherance of a business (C)(3). The FAA has previously acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA- issued pilot’s license. A Sport Pilot certificate addresses the FAA’s requirement that the Pilot in Command have the requisite training and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, recreational, or sport pilot certificate.**Airworthiness Certificate**

§91.7(a) prohibits the operation of an aircraft wit hout an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. Petitioner will ensure the sUAS is in airworthy condition prior to every flight, by determining that the sUAS is in compliance with the manufacturer supplied operating documents and that the aircraft is in a condition for safe flight. **Flight Manual on board** §91.9 (b) (2) requires an aircraft flight manual in the aircraft. As the aircraft is remotely operated, Petitioner requests to maintain the flight manual in a position available to the PIC while operating the aircraft. **Minimum Safe Altitudes** §91.119(c) prescribes safe altitudes for the operation of civil aircraft. Due to the nature of the petitioner’s operations (photography/video), it will be necessary to operate at distances less than prescribed. Given the UAS carries zero explosive material (i.e. fuel) onboard, any damage will come solely from a direct impact. However, given the small size and ligh t weight of the proposed UAS systems, the hazard to persons, vehicles and structures is minimal compared to manned aircraft for which §91.119(c) was written. **Altimeter Requirements** §91.121 requires that aircraft maintain cruising altitu des by referencing an altimeter setting available within 100nm of the aircraft. The proposed aircraft have the ability to report a GPS - derived Above Ground Level (AGL) altitude to the PIC which is line with the guidance the FAA prescribes for Model Aircraft. Petitioner proposes utilization of this method vice the method prescribed in §91.121 forDetermining aircraft altitude.

**Fuel Reserves** §91.151(a)(1) states that no person may begin a flight in an airplane under day-VFR conditions unless the there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The proposed UASs have a flight time of approx. 12 - 15 minutes and carry no fuel, therefore the wording of this section cannot apply. Petitioner requests exemption to this requirement with the condition that the PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and land with the reserve power recommended by the manufacturer. **Maintenance Requirements** §91.405(a), §91.407(a)(1), §91.409(a)(1), §91.409(a)(2), §91.417(a) and §91.417(b) prescribe a maintenance regimen that is more applicable to a full sized manned aircraft than a S UAS with few serviceable parts. Instead, the petitioner proposes that prior to each flight the PIC will conduct a thorough pre -flight inspection and determine if the sUAS is capable of safe operation. **III. The Nature and Extent of Relief Sought and Reasons Therefore:**  Petitioner is seeking relief from any currently applicable FARs preventing commercial operation of a sUAS within the national airspace system. The Reform Act provides for such integration of civil unmanned aircraft systems into our n ational airspace system as it is in the public’s interest to do so. As sUAS technology continues to rapidly expand, their utility and therefore their use will continue to rapidly expand as well. Integrating this technology into the National Airspace System incrementally is critical to ensuring the future progress and success of both traditional and emerging technologies and aircraft. Petitioner desires to help shape the landscape of that integration while providing a valuable service tothe community.

**IV . The Benefit to the Public Interest as a Whole if Petition is Granted:**  Until recently, the only way to obtain an aerial photograph or video was through either a low flying manned aircraft, or a ground based device that raised a person precariously high in the air. By utilizing proven modern technology, Petitioner will reduce the threat to both the photographer and the public writ large. As the FAA recognized in the Douglas Trudeau, Realtor® Exemption, No. 11138: “Manned aircraft conducting aerial filming a nd photography can weigh 5,000 lbs. or more, are operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk of an onboard pilot and crew during an incident or accident is eliminated with the use of a (iv) (v) within C lass G airspace; and outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other loca tion with aviation activities.” In addition to reducing the risk to personal injury or death from the se operations, the cost will be greatl y reduced making the services once reserved for the wealthy avai lable to middle class citizens. Additionally, aerial photography and video provides a positive economic i mpact for the community and for companies cons idering relocating or building in the local area or other a reas as they are able to gain a greater understanding of the geographic area they are interested in. This i s also an important service for individuals relocating for various reasons. **V. The Gran t of the Requested Exemption Will Not Adversely Affect Safety:**  As indicated in section III, petitioner’s operations will enhance safety rather than adversely affect it. In addition to the reasons previously stated, petitioner’ s operations will not require a manned aircraft to orbit at low altitude in congested airspace and will reduce any noise and air pollution associated witht he operation of those aircraft. In addition to the inherent safety enhancements of operating a sUAS

vice a manned aircraft, operational and technological protocols ensure improved safety of aerial photography operations. Technological protocols include:

- Use of GPS technology to provide steady flight including a flight safety feature whereby the sU AS hovers and then slowly returns to an appointed location and lands if communication with the pilot is lost

- Preprogrammed “No Fly Zones” prevent the sUAS from operating in designated areas such as within 5 miles of an airport or above a designate altitu de

- Automatic landing feature is triggered by a critical low battery status preventing the sUAS from running out of battery while in flight **Operational protocols include:**

- Flight in Day VFR weather conditions only.

- Operated at an altitude of no more than 400 feet above ground level (AGL), though most flights will occur below 200 feet AGL. Speed will not exceed 30 mph over the ground. The Pilot in Command will maintain Visual Line of Sight capability at all times.

- A thorough pre -flight inspection wil l be accomplished in accordance with manufacturer instructions. A survey of the area in the vicinity of the flight operation will be conducted making note of any potential hazard(s) and a risk mitigation plan will developed for each hazard.

- Any time the sUAS has undergone mainte nance or alteration, the Pilot will conduct a Functional Check Flight to ensure airworthine ss. This flight will occur in a sparsely populated area, free of hazards.

- Flight will plan to terminate with no less than 25% battery power remaining.- All training flights will occur in sparsely populated areas free of hazards.

- No individual will act as Pilot in Command (PIC) of the sUAS

- All operations shall be conducted over private or controlled - access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

- All Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless b arriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. If a situation arises where the PIC becomes aware of nonparticipating persons leaving such protection and are within 500 feet of the sUAS, flight operations will cease immediately in a manner ensuring the safety of nonparticipating persons.

- The sUAS will not operate within 5 nautical miles of an a irport **VI. A Summary the FAA May Publish in the Federal Register:** Ryan Shanahan seeks exemption from the requirements of 14 C.F.R §21, Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); §91.119(c); §91.121; §91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a) and (b). The requested exemption would allow the petitioner to provide aerial photography and video services to clients for use i n real estate sales using DJI Phantom 3 Standard. Use of a sUAS reduces the requirement to utilize manned aircraft over populated areas, manned lifting devices or manned climbing for the same purpose and provides high quality results at a fraction of the price. These savings result in enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will be conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.**VII. Additional Information t o Support the Request:** 

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA − 2014 − 0352), 11109 to Clayco, Inc. (see Docket No. FAA − 2014 − 0507), 11112 to VDOS Global, LLC (see Docket No. FAA − 2014 − 0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA − 2014 − 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enable d by this exemption is in the public interest. Respectfully Submitted, Ryan Shanahan Realtor, Coldwell Banker Legacy Real Estate Group Attachments: DJI Phantom 3 Standard 

## Discription of UA

**- Full Legal Name of UA Manufacturer or Builder**  SZ DJI Technolo gy Co. Ltd ("DJI")

**- UA Model Designation**  Phanton 3 Standard W321

**- UA Serial Number**  P5ADCJ190700WA

**- Class**  Rotcraft

**- UA Maximum Takeoff Weight**  1280g/2.82lbs

**- Catagory**  Land

**- Name of Engine Manufacturer**  DJI

**- Engine Model Designation**  2312/960 KU

**- Engine Serial**  **- Number**  None**- Number of Engines**  4

**- Engine Power Output**  800G Thrust

**- Engine Type**  Electric Full User Manual and Docs Available at: http://www.dji.com/product/phantom - 3 - standard/info#downloads