Submitted by:

Joe Payne

909 Edison Ave

Lehigh Acres, FL 33972

(239) 851-3664

jpayne@ablemods.com

Scope and Purpose:

Enhance website marketing and real estate listings using the Phantom 3 Professional Unmanned Aircraft 

System to conduct aerial photography and videography of real property.

UAV Phantom 3 Professional:

The DJI Phantom 3 is a quad-rotor Unmanned Aircraft System (UAS) weighing less than 3 pounds. The 

Phantom 3 UAS that Joe Payne will be responsible for also utilizes a mobile ground station. The UAS 

features a safety Return to Home function that in the event of a signal loss, the UAS will return to a 

preset position and land. The Return to Home feature can also be triggered manually. The remote 

connects to your phone or tablet, and a 720p HD view of everything your camera sees as you fly is 

displayed live.

This immersive view streams to you in absolute clarity, enabling safe flying. From takeoff to landing, the 

Phantom 3 responds to commands while automatically handling the most complex aspects of safe, 

stable flight.

Request:

An exemption from 91.7(a), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) as was granted to Ralph J. Apel in 

Exemption No. 11410

Petition:

I request an exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and 

(b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) 

and (b)

The Extent Of Relief that Joe Payne seeks

1. Extent of Relief that Joe Payne seeks regarding Section 61.113 (a) and (b)

Private Pilot Privileges and Limitations

Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command holding a current Private 

Pilots Certificate to operate Joe Payne’s Phantom 3. Joe Payne holds an active Private Pilot license 

having certificate number 3032397 and has no infractions or reprimands on record. The flight would be 
complimented by a Visual Observer who, along with the pilot, will maintain Visual Line of Sight with the 

Phantom 3 at all times. All operations conducted will be incidental to Joe Payne’s business. The 

Phantom 3 is not able to carry passengers or cargo.

2. Extent of Relief that Joe Payne seeks in regards to Section 91.7(a) Civil Aircraft Airworthiness

Relief from Section 91.7(a) is requested to allow Joe Payne to determine airworthiness of the Phantom 3 

UAS. As part of this determination the following will be adhered to:

a. Prior to the Phantom 3's flight the PIC will inspect the UA to ensure it is in a condition that 

will be conducive for a safe flight. The ground control station will be included in the above 

inspection.

b. Joe Payne will follow the DJI Phantom 3’s aircraft/component, maintenance, overhaul, 

replacement, inspection and life limit requirements.

c. Joe Payne will comply with all DJI manufacturer Safety Bulletins.

3. Extent of Relief that Joe Payne seeks in regards to Section 91.119

Minimum Safe Altitudes General relief from 91.119 is requested to allow Joe Payne to operate the 

Phantom 3 at altitudes not to exceed 400’ AGL over private property at a distance at or greater than 

5NM from the nearest airport as depicted on current Aeronautical Charts. Joe Payne also wishes to be 

granted exemption to operate at an altitude not greater than 100’ AGL (below tree level) between 1NM 

and 5NM from the nearest airport as depicted on current Aeronautical Charts.

Joe Payne will adhere to the following in order to maintain an acceptable level of safety associated with 

operations over private property:

(a) Joe Payne will display signs in the immediate vicinity of operations stating: “Aerial 

Photography In Progress. Use Caution.”

(b) Joe Payne will not allow the Phantom 3 to operate at a speed greater than 25 kts.

(c) Joe Payne will require the UAS operator (PIC) to be fully trained on the Phantom 3 by 

adhering to the recommendations contained within the Phantom 3’s operating manual.

(d) Joe Payne will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of 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. In addition the operator will have logged a 

minimum of 5 hours as a UAS pilot operating the make and model UAS that flying Joe Payne

operates.
(e) Joe Payne will be familiar with and able to manually institute the Phantom 3’s Return to 

Home (RTH) feature. This feature aborts a flight operation and automatically returns the 

UAS to a predetermined GPS safe point.

(f) Joe Payne will not operate over private property without first finding a suitable alternate 

landing spot on the property. 

(g) Joe Payne will abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents.

(h) Joe Payne will utilize a two man flight team consisting of the Pilot in Command (PIC) and a 

Visual Observer (VO). This team will maintain visual line of sight with the Phantom 3 at all 

times and remain within hearing of one another.

(i) Joe Payne will not permit flight around vessels, vehicles and structures without permission 

from the owner.

4. Extent of Relief that Joe Payne seeks in regards to Section 91.121

Altimeter Settings

Relief from 91.121 is requested because the Phantom 3 utilizes electronic GPS with a barometric sensor.

In order to maintain an equal level of safety that 91.121 requires, the PIC of the Joe Payne's UAS will 

abort the flight in the events that the UA loses communications with the GPS signal.

5. Extent of Relief that Joe Payne seeks in regards to Section 91.151(b) Fuel Requirements for Flight in 

VFR Conditions

Relief from 91.151(b) is requested to the extent that allows Joe Payne to operate the Phantom 3 up to a 

point (considering wind and forecast weather conditions) that there is enough power to fly at normal 

cruising speed (not to exceed aforementioned 25kt max speed) to the intended landing point and land 

the UA with 20% battery power remaining.

6. Extent of Relief that Joe Payne seeks in regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), and 

(a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate Relief from 91.405(a), 

91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that allows Joe Payne to 

operate the Phantom 3 Quad-Copter as necessary. These sections are all related to airworthiness

certificates of aircraft. There is not currently an airworthiness certificate for small UAS. Joe Payne would 

comply in full to any conditions and limitations that the Administrator would place in order to receive an

approved Grant of Exemption.

Public Interest:

Aerial videography and photography for marketing and real estate purposes has been around for a long 

time via manned fixed wing and rotor wing aircraft. For small business owners, the expense of such 
services has been cost-prohibitive. Granting this exemption to me would allow me to provide this 

service at a much lower cost. My UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to manned aircraft. The operation of my UAS will minimize ecological 

damage and promote economic growth by providing information to companies looking to relocate or 

build in the Southwest Florida area.

Conclusion:

As set forth herein, Joe Payne seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI 

Phantom 3 UAS commercially within the Real Estate and personal property markets. The Administrator 

will be assisting small business by granting this petition. In accordance with the FAA Modernization and 

Reform Act of 2012, Joe Payne respectfully requests that the FAA Administrator grants this petition for 

exemption from TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 

(a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)