UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

TheBannerNinja

Federal Employer ID #: 

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 a) DJI PHANTOM 3 Advance

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on May 27, 2015

TheBannerNinja

1183 SW Plass

Topeka Ks 66604

785-783-0545

Orders@thebannerninja.com
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS 

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

SUMMARY 

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

INTRODUCTION AND INTERESTS OF 

PETITIONER.................................................4

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

BASIS FOR PETITION 

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

NAME AND ADDRESS OF 

PETITIONER...................................................................6

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

SEEKS EXEMPTION .......................................................................................7

THE EXTENT OF RELIEF TheBannerNinja SEEKS AND THE REASON

TheBannerNinja SEEKS THE RELIEF ............................................................10

THE REASONS WHY GRANTING TheBannerNinja’s REQUEST WOULD

BE IN THE PUBLIC INTEREST.............................................................................13

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY........................................................................................16

CONCLUSION...................................................................................................32
GLOSSARY OF ABBREVIATIONS

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 of 2012 (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
SUMMARY

TheBannerNinja 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 TheBannerNinja to operate an Unmanned Aircraft System 

(UAS) for the

commercial purpose of conducting aerial video and photography for real estate, 

wedding videography, special events, film sets and landscape over certain

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Travis Owens, Owner/Lead Designer for TheBannerNinja a Federally 

Recognized Sole Proprietorship. It is my mission to provide cutting edge 

technology for our Customers. We operate a Media Firm that Specializes in 

Outside the Box Campaigns and associated Products and we seek to stay ahead 

of the curve with new Technologies and new Media Platforms. From Not for 

Profits to Professional Sports Teams we have been working diligently to become 

a leader in our industry. We have 20 years’ experience in Hobby RC, including 

Multirotor Helicopters and Nitro Fueled Vehicles as well as over 10 years’ 

experience in photography and 4 years doing videography. The Objective of 

TheBannerNinja’s aerial video and photography operations is to provide high 

quality images for a variety of commercial, public, and residential uses, 

specifically targeting:

• Real Estate Videography and Photography

• Wedding Videography and Photography

• Land survey & appraisals

• Equipment Inspections

• Roof Inspections

• Construction sites before & after

• Precision Agriculture

• Creation of commercial messages for Television.

• Search and Rescue Operations

• Motion Picture Filming

• Research and Development

• Sporting Events

• Concerts

• Music Videos

• Festivals

• Birthdays

• Family Get Together’s

• Non Profit Events

• Increase public knowledge of UAS and promote safe UAS operations.
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Advance UASs

TheBannerNinja seeks an exemption to operate DJI systems for compensation 

or

hire within the NAS. The DJI Phantom 3 Advance 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 11 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 3 Advance UAs is

equipped with four main rotors; driven by Lithium Polymer battery powered 

electric motors.

The DJI Phantom 3 Advance UAS that will be operated by TheBannerNinja. 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 Marking.

BASIS FOR PETITION

Petitioner, TheBannerNinja, 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 3 Advance

UAS in the National Airspace 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, TheBannerNinja. operation of DJI 

Phantom

3 Advance UAS 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.

Accordingly, TheBannerNinja 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.

The. submits that the requested relief is proper since an equivalent

level of safety will be ensured. TheBannerNinja 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 Advance Instruction

Manual). Furthermore,TheBannerNinja will document and maintain all 

maintenance

records for the DJI Phantom 3 Advance UAS

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

pilot privileges and limitations: Pilot in command, is requested by TheBannerNinja 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 3 Advance UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

TheBannerNinja seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Advance UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

TheBannerNinja submits that they will ensure that the DJI Phantom 3 Advance UAS 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 3 Advance Instruction Manual), and that the aircraft is in a condition for safe

flight.

TheBannerNinja also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI 3 Advance UAS will not have a typical 

barometric altimeter onboard. However, altitude information of the DJI Phantom 3 

Advance will be provided to the PIC via Global Positioning System (GPS) equipment 

and radio communications telemetry data link, which downlinks from the UA to the 

GCS for active monitoring of the flight path. This altitude information, combined with 

TheBannerNinja’s operation of the DJI Phantom 3 Advance UAS within visual line of 

sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section

91.121.
Additionally TheBannerNinja seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. 

TheBannerNinja submits that safety will not be affected by operation of the DJI 

Phantom 3 Advance 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 approximately 10

minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 10 minutes.

In accordance with 14 C.F.R. § 11.81, TheBannerNinja 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: 

Travis Owens c/o TheBannerNinja

1183 SW Plass

Topeka Ks 66604

Tel: (785) 783-0545

Email: Travis@TheBannerNinja.com

B. The Specific Sections Of 14 C.F.R. From Which TheBannerNinja Seeks

Exemption.

1. TheBannerNinja Seeks Exemption From The Requirements Of Section Part 21, 

Subpart H

14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by 14 C.F.R. §91.203(a)(1)

2. TheBannerNinja 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.

3. TheBannerNinja 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.

4. TheBannerNinja 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, by reference to an altimeter that is 

set, when operating--

(1) 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)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.

5. TheBannerNinja Seeks Exemption From The Requirements 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.

6. TheBannerNinja 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[.]

7. TheBannerNinja 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:

(c)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[.]

8. TheBannerNinja 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:

(b)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.

9. TheBannerNinja Seeks Exemption From The Requirements Of Sections

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--

• A description (or reference to data acceptable to the Administrator) 

of the work performed; and

• The date of completion of the work performed; and

• The signature, and certificate number of the person approving 

the aircraft for return to service.

(2) Records containing the following information:

• The total time in service of the airframe, each engine, each 

propeller, and each rotor.

• The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance.

• The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis.

• 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.

• 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.

• 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.

(b)The owner or operator shall retain the following records for the 

periods prescribed:

(1) 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.

(2) 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.
(3) 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.

C. The Extent Of Relief TheBannerNinja Seeks And The Reason TheBannerNinja

Seeks The Relief.

(a) TheBannerNinja Seeks Exemption From The Requirements Of Section 

Part 21, Subpart H

Given the size and limited operating area associated with the UAS to be utilized by

TheBannerNinja, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional rotorcraft operating with 

an airworthiness certificate without the restrictions and conditions of the proposed UAS 

operations.

(b) Extent Of Relief TheBannerNinja Seeks And The Reason 

TheBannerNinja 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, TheBannerNinja submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 

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

demonstrating that the PIC is able to safely operate the DJI Phantom 3 Advance UAS 

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.

Further, TheBannerNinja submits that all flights of the DJI Phantom 3 Advance UAS, 

conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to 

TheBannerNinja’ business; and (2) will not carry passengers or property for 

compensation or hire.

(a) Extent Of Relief TheBannerNinja Seeks And The Reason 

TheBannerNinja 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 TheBannerNinja to determine that the DJI Phantom 3 Advance 

UASs is in airworthy condition prior to every flight by ensuring that the UAS is in 

compliance with the operating documents (i.e., the TheBannerNinja Aerial Operations 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Advance Instruction Manual).

TheBannerNinja seeks the requested relief because the DJI Phantom 3 Advance UAS 

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

Subpart H. Therefore, TheBannerNinja will ensure that the DJI Phantom 3 Advance 

UAS is in airworthy condition based upon its compliance with the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Advance Instruction Manual) prior 

to every flight, and further, determine that the aircraft are in condition for safe flight, as 

stated in the conditions and limitations below.

(b) Extent Of Relief TheBannerNinja. Seeks And The Reason 

TheBannerNinja 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 3 Advance UAS, which utilize 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), TheBannerNinja seeks 

the requested relief because the DJI Phantom 3 Advance 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 fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 Advance UAS are 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.

5. Extent Of Relief TheBannerNinja Seeks And The Reason TheBannerNinja

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 

3 Advance UAS’s during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 10 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 10

minutes. TheBannerNinja seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

Advance UAS’s will severely constrain the practicality of any aerial video or still photo 

flight operations that TheBannerNinja proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Advance UASs, the DJI Phantom 3 Advance operating documents, and 

TheBannerNinja’s proposed operating limitations, ensure that TheBannerNinja will 

safely operate the battery powered DJI Phantom 3 Advance 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 10 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 10

minutes.
6. Extent Of Relief TheBannerNinja Seeks And The Reason TheBannerNinja 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, TheBannerNinja requests relief from 

these Sections because the DJI Phantom 3 Advance UAS does not require airworthiness 

certificates. As set forth more fully below, the DJI Phantom 3 Advance UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, TheBannerNinja 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., the TheBannerNinja Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Advance 

Instruction Manual). Furthermore TheBannerNinja will document and maintain all 

maintenance records for the DJI Phantom 3 Advance UAS.

5. Extent Of Relief TheBannerNinja Seeks And The Reason TheBannerNinja

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 

3 Advance UAS during daylight hours in visual meteorological conditions (VMC), 

under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 

minutes. TheBannerNinja seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

Advance UAS will severely constrain the practicality of any aerial video or still photo 

flight operations that TheBannerNinja proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Advance UAS, the DJI Phantom 3 Advance operating documents, and 

TheBannerNinja’s proposed operating limitations, ensure that TheBannerNinja will 

safely operate the battery powered DJI Phantom 3 Advance 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 13.5 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.
6. Extent Of Relief TheBannerNinja Seeks And The Reason TheBannerNinja 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, TheBannerNinja requests relief from 

these Sections because the DJI Phantom 3 Advance UAS does not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Advance 

UAS meets the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, TheBannerNinja will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, 

techniques, and practices prescribed in the UAS operating documents (i.e., the 

TheBannerNinja’s Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 Advance Instruction Manual). Furthermore TheBannerNinja will document 

and maintain all maintenance records for the DJI Phantom 3 Advance UAS.

.

By using the DJI Phantom 3 Advance 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 Advance UAS (weighing approximately 2 

pounds 14 ounces maximum gross weight with lengths of 24, width of 24 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).

(a) Performing Aerial Video and Photography Operations With The DJI 

Phantom 3 Advance UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Advance UAS will also be an 

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

such, operation of the DJI Phantom 3 Advance will allow United States based 

companies, like TheBannerNinja, 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 Advance 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 Advance UAS, companies such as TheBannerNinja, 

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 3 Advance 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.

(b) There Are No Privacy Issues.

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

decades, TheBannerNinja’s proposed operation of the DJI 3 Advance UAS will not 

implicate any privacy issues. Specifically, the DJI Phantom 3 Advance UAS will be 

operated only in compliance with operating documents (i.e., the TheBannerNinja’s 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Advance 

Instruction Manual) 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.

(a) 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 TheBannerNinja Seeks Exemption.

(1) Reasons Why The DJI Phantom 3 Advance UAS As Meet 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,	TheBannerNInja’s	

operation	of	the	DJI	Phantom	3	Advance	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:
• 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.

• Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

• 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).

• 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,	TheBannerNinja	submits	that	the	DJI	Phantom	3	

Advance	UAS		can	operate	safely	in	the	NAS	pursuant	to	FMRA	Section	333,	as	

demonstrated	by:	(a)	the	characteristics	of	the	DJI	Phantom	3	Advance	UAS;	

(b)	the	pilot	certification requirement;	and	(c)	the	specific	operating	limitations.

a. The Specifications Of The DJI Phantom 3 Advance UAS Demonstrate Its Safe 

Characteristics.
The DJI Phantom 3 Advance 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.

(a) Technical Specifications Of The DJI 3 Advance UAS. The technical specifications of the 

DJI Phantom 3 Advance UAS is set forth by the DJI Phantom 3 Advance UAS 

Specifications and Data Sheet, attached hereto as Exhibit A. 

(b) The DJI Phantom 3 Advance UAS Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Advance UAS may be operated in both manual and fully autonomous flight 

modes. A complete description of the flight and navigational modes of the DJI 3 Advance UAS 

are provided at pages 23- 41 of the DJI Phantom 3 Advance User Manual, attached hereto as 

Exhibit B.

(c) The DJI Phantom 3 Advance 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 DJI Phantom 3 Advance UAS will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Advance 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 for the DJI 

Phantom 2 Advance UAS are set forth at pages 32 through 34 of the DJI Phantom 3 Advance 

User Manual, attached hereto as Exhibit B.

(d)The DJI Phantom 3 Advance GCS And Its Operation.

A complete description of the operation and specifications of the DJI 3 Advance GCS and 

flight control software is provided at pages 7 through 17 of the DJI Phantom 3 Advance User 

Manual. DJI Phantom 3 Advance Manual is attached hereto as Exhibits B.

b. Flight Operations Of DJI Phantom 3 Advance Are Limited To The Line Of Sight Of A

Certificated Pilot in Command With A Safety Observer.

TheBannerNinja 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 Advance 

UAS. Additionally, a safety observer will assist all pilots during flight time.
(a) Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating

Limitations.

In seeking this exemption, TheBannerNinja proposes to commercially operate DJI Phantom 

3 Advance 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 Advance 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 400 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) 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 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.

(a) 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.

(b) 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.

(c) 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.

(d) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

(e) 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.

(f) Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

(g) The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections.

(h) The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

(a) 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 experience-building flights, all 

persons not essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. 

§ 91.119.

(b) 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.

(c) The UA 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 the Administrator upon request.

(d) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

(e) If the UA 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 accordance with the 

operating documents.

(f) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

(g) 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.

(h) 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.

(i) 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 i 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as

large as practicable.

(d) 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.

(e) 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 upon request.

(f) The UA must remain clear and yield the right of way to all manned aviation operations 

and activities at all times.

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

(h) 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:

(c) Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

(d) 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;

(e) 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 Affect Safety.

TheBannerNinja 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 Advance 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 Advance UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures.

Considering TheBannerNinja’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 Advance UAS, TheBannerNinja submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for TheBannerNinja’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).

TheBannerNinja will not allow any PIC to operate the DJI Phantom 3 Advance UAS unless 

that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 

3 Advance UAS training and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 3 Advance 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 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 TheBannerNinja’ 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, TheBannerNinja will ensure safe operations by not allowing any PIC 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 and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, TheBannerNinja will ensure that the DJI Phantom 3 Advance UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and as 

stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) 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, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude information of the DJI Phantom 3 UAS will be provided to the PIC via GPS 

equipment and a radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path and altitude. This altitude information, 

combined with TheBannerNinja’ operation of the DJI Phantom 3 Advance UAS within visual 

line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 

91.121. The

altitude information will be generated by GPS equipment installed onboard the aircraft.
Prior to each flight, a zero altitude initiation point is automatically established by the

UASs at ground level.

The FAA has previously granted relief from Section 91.121 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, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 

Advance UAS; (2) the limitations on the proposed flight operations; and (3) the location of the 

proposed flight operations. Accordingly, TheBannerNinja will ensure that it will safely operate 

the battery powered DJI Phantom 3Advance UAS during daylight hours in VFR conditions, 

with enough battery power to fly for a total duration of 10 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 10 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 

Advance UAS; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Advance UAS provide 

audible and visual warnings to the PIC at the GCS when the UAs experiences low battery

voltage, the first warning occurring at approximately 33% remaining battery power, and again 

at approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom 3 Advance UAS will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section

91.151 establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 

specific to UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, TheBannerNinja submits that the equivalent level of safety

with regard to the regulatory maintenance and alteration requirements established
by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be

met because TheBannerNinja will use trained technicians to perform maintenance, alterations, 

or preventive maintenance on the UASs using the methods, techniques, and practices 

prescribed in the operating documents (i.e., the TheBannerNinja’s Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 3 Advance UAS Instruction Manual). 

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

Phantom 3 Advance UAS.

Since the DJI Phantom 3 Advance UAS will be inspected as prescribed by the operating 

documents, TheBannerNinja will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Advance 

UAS User Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 Advance 

UAS Maintenance LOG is attached hereto as Exhibit C.

Likewise, the exemption sought will not adversely affect safety because TheBannerNinja will 

use trained technicians to perform maintenance, alterations or preventive maintenance on the 

UAS using the methods, techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 

Advance UAS will be performed by trained technicians. Maintenance will be documented and 

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are 

considered.

In consideration of TheBannerNinja’s proposed operating limitations, the operating documents, 

and the technical aspects of the DJI Phantom 3 Advance UAS, TheBannerNinja submits that 

safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted 

relief 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, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, TheBannerNinja requests that the FAA 

prescribe special conditions for the intended operation of the DJI Phantom 3 Advance UAS, 

which contain such safety standards that the Administrator finds necessary to establish a level 

of safety equivalent to that established
by 14 C.F.R. Part 21, Subpart H, and 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). Such

special conditions will permit safe operation of the UAs for the limited purpose of conducting 

aerial video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the 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; and 

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the UAS in 

the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14

C.F.R. § 21.16, for operation of the DJI Phantom 3 Advance UAS, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to 

the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, 

states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate 

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel 

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 

Advance UAS, which contain such safety standards that the Administrator finds necessary to 

establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which TheBannerNinja Seeks Exemption:

TheBannerNinja seeks 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).

A Brief Description Of The Nature Of The Exemption TheBannerNinja Seeks:

This exemption will permit TheBannerNinja to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over

certain areas of the United States.
Any Additional Information, Views, Or Arguments Available To TheBannerNinja’s 

Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may

operate safely in the NAS. As such, DRONE NY, Inc.’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the 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; and 

further, provides the authority for such UAS to operate without airworthiness certification. As 

discussed in detail above, TheBannerNinja will operate the DJI Phantom 3 Advance UAS 

safely in the NAS, without creating hazard to users of the NAS, or the public, or otherwise pose 

a threat to national security.

Conclusion

As set forth herein, TheBannerNinja seeks exemption pursuant to 14 C.F.R. Part 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 Advance 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 Administration will be fulfilling 

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

advancing the interest of the public, by allowing TheBannerNinja to safely, efficiently, and 

economically operate the DJI Phantom 3 Advance UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, TheBannerNinja respectfully request that the 

Administration grants this petition for an exemption from requirements of 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 TheBannerNInja Leading Edge to operate the DJI Phantom 3 

Advance for the purpose of Conducting aerial video and photography over certain areas of the 

United States. 

Dated June 6 2015

Respectfully submitted

TheBannerNinja

Travis Owens

1183 SW Plass Topeka Ks 66604

785-783-0545
Attached 

Exhibit A – Spec and Data Sheet Included

Exhibit B – Owner’s Manual - PDF in Comments

Exhibit C – Copy of Maintenance Log – PDF in Comments

Exhibit D – Safety Guidelines and Disclaimers – PDF in Comments

Exhibit E – Phantom 3 Advance Release Notes – PDF in Comments

Exhibit F – Intelligent Flight Battery Safety Guidelines – PDF in Comments 
Exhibit A 

Spec and Data Sheet

Aircraft

Weight (Including Battery And Propellers)

1280 g

Diagonal Size (Including Propellers)

590 mm

Max Ascent Speed

5 m/s

Max Descent Speed

3 m/s

Hover Accuracy

Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m

Horizontal: +/- 1.5 m

Max Speed

16 m/s (ATTI mode, no wind)

Max Altitude Above Sea Level
6000 m

Operating Temperature

0°C to 40°C

GPS Mode

GPS/GLONASS

Camera

Sensor

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

Lens

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO Range

100-3200 (video) 100-1600 (photo)

Shutter Speed

8s -1/8000s

Image Max Size

4000 x 3000

Still Photography Modes
Single Shot

Burst Shooting: 3/5/7 shots

Auto Exposure Bracketing (AEB): 3/5

Bracketed Frames at 0.7EV Bias

Time-lapse

Video Recording Modes

Phantom 3 Professional

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Supported SD Card Types

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

Max Bitrate Of Video Storage

Phantom 3 Professional

60 Mbps

Phantom 3 Advanced

40 Mbps
Supported File Formats

FAT32/exFAT

Photo: JPEG, DNG

Video: MP4, MOV (MPEG-4 AVC/H.264)

Operating Temperature

0°C to 40°C

Gimbal

Controllable Range

Pitch -90° to +30°

Stabilization

3-axis (pitch, roll, yaw)

Vision Positioning

Max Velocity

Less than 8 m/s (when 2 m above ground)

Altitude Range

30 cm-300 cm

Operating Range

30 cm-300 cm
Operating Environment

Surface with clear pattern and adequate lighting (Lux > 15)

Remote Controller

Operating Frequency

2.400 GHz-2.483 GHz

Max Distance

2000m (outdoors and unobstructed)

Video Output Port

USB

Operating Temperature

0°C- 40°C

Battery

6000 mAh LiPo 2S

Mobile Device Holder

For tablet or phone

Receiver Sensitivity (1%PER)

-101 dBm ±2 dBm
Transmitter Power (EIRP)

FCC: 20 dBm

CE: 16 dBm

Working Voltage

1.2 A @7.4 V

Battery Charger

Voltage

17.4 V

Rated Power

Phantom 3 Professional

100 W

Phantom 3 Advanced

57 W

Intelligent Flight Battery

Capacity

4480 mAh

Voltage

15.2 V

Battery Type
LiPo 4S

Energy

68 Wh

Net Weight

365 g

Max Flight Time

Approximately 23 minutes

Operating Temperature

-10°C to 40°C

Max Charging Power

100 W

App / Live View

Mobile App

DJI Pilot

EIRP

100mW

Live View Working Frequency
2.4GHz ISM

Live View Quality

720P @ 30fps (depending on conditions and mobile device)

Latency

220ms (depending on conditions and mobile device)

Required Operating Systems

iOS 8.0 or later

Android 4.1.2 or later

Recommended Devices

iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad 

mini 2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad 

mini 3, and iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, 

iPhone 6, and iPhone 6 Plus

Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 

9, Mi 3, Nubia Z7 mini

*Support for additional Android devices available as testing and development 

continues