### 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 Advanc e 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 INTE**  **RESTS 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 TH**  **E 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 AFF**  **ECT 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 Regulati ons 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 UA S

- Unmanned Aircraft System VFR

- Visual Flight Rules VLOS

- Visual Line of Site VMC

- Visual Meteorological Conditions VTOL

- Vertical Takeoff and Landing

### SUMMA **RY**

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 o perate 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 A ND 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. W e operate a Media Firm that Specializes in Outside the Box Campaigns and ass ociated 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. W e have 20 years’ experience in Hob by 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 image s for a variety of commercial, public, and residential uses, specifically targeting: • Real Estate Videography and Photography • W edding 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 To gether’s • Non Profit Events • Increase public knowledge of UAS and promote safe UAS operations.

### BA**CKGROUND** 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 P olymer 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

.

**BA SIS 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), 91.1 21, 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 preventi ve 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), entitle d 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 ha s 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 appropriat e 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 do es 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 ty pical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Advance will be provided to the PIC via Global Positioning Sy stem (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 dayl ight 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 exemptio n: **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: Pi lot 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 f or 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 employ ment; 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 fo llowing:

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 th e 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, wi thin 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 airwo rthiness 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 altera tion 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 contai ning 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 a ppliances 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 recurr ing 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 specif ied 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 ar e 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 p opulated areas of the particular UAS. In all cases, an analy sis 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 me dical 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 employ

ment if: (1) The flight is only incidental to that business or

### employ

ment; and (2) The aircraft does not carry passengers or property

for compen sation 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 re quirements, 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 , i s 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 f light, and further, determine that the aircraft are in condition for safe flight, as stat ed 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 pres sure 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 safe ly 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 l anding 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 me et the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly , TheBannerNinja will use trained technicians to perform maintenance, alt erations, or pre ventive 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), un der 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 exempti on 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 fl y f

or 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 Section s 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 S ections 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. Accordingl y, 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 M anual, 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 me mbers 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 phy sical potential for collateral damage to life and p roperty on the ground, and in the air, compared to the manned aircraft that ty pically 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) 

### Perfo **rm ing 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 com panies, 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 operate d 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 notificati on, 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 a**  **irworthiness 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 th e 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 enactmen t 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 certifica te 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 DJ I 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 DJ I Phantom 3 Advance UAS may be operated in b oth 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 DJ I Phantom 3 Advance User Manual, attached hereto as Exhibit B

. (c) **The DJI Phantom 3 Advan ce UAS Is Designed For Automatic Return To Home**  **Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control Link is lost, the DJIPhantom 3 Advance UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 3 Advance do es 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 DJ I Phantom 2 Advance UAS are set forth at pages 32 through 34 of the DJ I 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 DJ I 3 Advance GCS and flight control software is provided at pages 7 through 17 of the DJ I Phantom 3 Advance User Manual. DJ I 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 (PI C) of the DJ I 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 commerciall y operate DJ I 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 fu nctions 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 i nstruments. 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 existsbetween 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. I f 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 o f 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 Stati on 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. repla cement 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. inoperab le 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 re cords, 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 third

class medical certificate.
(a) The operator may not permit any PIC to operate unless the PIC meets the operator’squalification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency

maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s P ICs are permitted under the terms of the exemption. However, training operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are co nsidered nonparticipants, and the PI C 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 conducte d 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 ope rate 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 requir ed 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 n ormal 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 requireme nts 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 andcontrol 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 re quest. (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 d ebris 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 cea se 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 fli ght 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 Transporta tion 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 DJ I Phantom 3 Advance UAS unless that PI C has demonstrated, bymeeting minimum flight

- hour and currenc y requirements, that the PI C is able to safel y

operate the DJ I 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 safel y operate the DJ I 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 TheBannerNin

ja’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 P IC to operate the DJ I Phantom 3 Advance UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the DJ I Phantom 3 Advance UAS training and currency requirements, that the PI C is able to safel y operate the DJIPhantom 3 Advance UAS in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropri ate distances from people, vessels, vehicles and structures. Specificall y, the PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 PI C 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 PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, theFAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may

be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safel y conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy

this requirement. Training, proficiency , and experience

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

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, TheBannerNinja will ensure safe operations b y not allowing any PIC to operate the DJ I Phantom 3 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency

requirements, that the PIC is able to safel y operate the DJ I Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, TheBannerNinja will ensure that the DJ I Phantom 3 Advance UAS is in an airworthy condition based upon the UAS’s compliance with its operating do cuments 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. 11 062, 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 b y Section 91.121 will be maintained because the altitude information of the DJ I Phantom 3 UAS will be provided to the PI C 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 e quivalent to Section 91.121. The altitude information will be generated b y 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 previo usly

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, 11 157, 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 DJ I Phantom 3 Advance UAS ; (2) the limitations on the proposed flight operations; and (3 ) the location of the proposed flight operations. Accordingl y, TheBannerNinja will ensure that it will safely operate the battery

powered DJ I Phantom 3Advance UAS during daylight hours in VFR conditions, with enough battery

power to fl y for a total duratio n 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 DJ I Phantom 3 Advance UAS ; the limitations on the p roposed 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 DJ I 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 criticall y low battery level, the DJ I Phanto m 3 Advance UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversely

affected when the technical characteristics and operating limitations of the UAS ar e 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, 11 161). **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 establishedby

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 DJ I Phantom 3 Advance UAS Instruction Manual). Furthermore, TheBannerNinja will document and maintain all maintenance records for the DJ I Phantom 3 Advance UAS. Since the DJ I Phantom 3 Advance UAS will be inspected as prescribed b y 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 cop y of the DJ I Phantom 3 Advance UAS User Manuals are attached hereto as Exhibit B ; a cop y of the DJ I Phantom 3 Advance UAS Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversel y affect safety because TheBannerNinja will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS us ing the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established b y Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJIPh antom 3 Advance UAS will be performed b y trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of TheBannerNinja’s proposed operating limitations, the operating do cuments, and the technical aspects of the DJ I 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). Th e 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 DJ I Phantom 3 Advance UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that establishedby 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 thre at 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 DJ I 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 engin e, 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 Secti on 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 equival ent 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 safel y 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 discu ssed in detail above, TheBannerNinja will operate the DJ I Phantom 3 Advance UAS safel y 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 DJ I 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 safel y, efficientl y, and economicall y operate the DJIPhantom 3 Advance UAS commerciall y 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, 91.1 51(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 T ravis 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**

**Ai rcraft**  **Weight (Including Battery An**  **d Propellers)**

**1280 g Diagonal Size (Including Propellers)** 

**590 mm Max A**  **scent Speed**

**5 m/s Max Descent Speed** 

**3 m/s Hover A** **ccuracy**

**Vertical: +/ -**  **0.1 m (when Vision Positioning is active) or +/ -**  **0.5 m Horizontal: +/**  **- 1.5 m**  **Max Speed**
**16 m/s (A TTI mode, no wind)**  **Max A ltitude**  **Ab ov** **e Sea Level 6000 m**  **Operating Temperature**

**0°C to 40°C GPS Mode** 

**GPS/GLONA SS**  **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) 1 00**  **- 1600 (photo)** 

**Shutter Speed**

**8s -**  **1/8000s Image Max Size** 

**4000 x 3000 Still Photography** 

**Modes Single Shot**  **Burst Shooting: 3/5/7 shots Au**  **to Exposure Bracketing (A EB): 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 A** **dvanced 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 A dvanced**  **40 Mbps Supported File Formats** 

**FA T32/exFA** **T Photo: JPEG, DNG**  **Video: MP4, MOV (MPEG -** **4 A VC/H.264)**  **Operating Temperature**

**0°C to 40°C Gimbal**  **Controllable Range**

**Pitch -**  **90° to +30° Stabilization** 

**3 -**  **axis (pitch, roll, y aw)**  **Vision Positioning Max Velocity** 
**Less than 8 m/s (when 2 m above ground)**

**Al titude Range** 

**30 cm -** **300 cm Operating Range** 

**30 cm -** **300 cm Operating Environment** 

**Surface with c lear 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 mA h 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 A** **dvanced 57 W**  **Intelligent Flight Battery**  **Capacity**

**4480 mA h**  **Voltage**

**15.2 V Battery**  **Ty pe** **LiPo 4S Energy** 

**68 Wh Net Weight** 
**365 g Max Flight Time** 

**Ap proximately** 

**23 minutes Operating Temperature** 

**- 10°C to 40°C**  **Max Charging Power**

**100 W Ap**  **p / Live View Mobile A**  **pp**

**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 Sy stems** 

**iOS 8.0 or later An**  **droid 4.1.2 or later Recommended Devices** 

**iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad A ir, iPad A**  **ir Wi -**  **Fi + Cellular, iPad mini 2, iPad mini 2 Wi**  **- Fi + Cellular, iPad A**  **ir 2, iPad A ir 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 An**  **droid: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus**  **9, Mi 3, Nubia Z7 mini** ***Support for additional A ndroid devices available as testing and development**  **continues**