UNITED STATES OF AMERICA DEPARTMENT OF 

TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 

C. Ray Payne president of C. Ray Payne Photography Inc. 

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 

DJI PHANTOM 3 AND DJI INSPIRE UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC 

LAW 112-95) 

Submitted on July 08, 2015 C. Ray Payne 

president of C. Ray Payne Photography Inc. 

6231 Liberty Hill

Dallas, TX 75248 Mobile: (214)455-7684 

SUMMARY 

C. Ray Payne 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 C. Ray Payne 

to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of Real Property, 

Industrial Property, Agriculture and Television

BACKGROUND 
Unmanned Aircraft Systems: The DJI Phantom 3, and the DJI Inspire 

UASs 

C. Ray Payne seeks an exemption to operate one of 2 different DJI UAS 

systems for marketing or for compensation or hire within the NAS. The 

DJI Phantom 3 and DJI Inspire are 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 Inspire has a 

maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of 

approximately 42 knots. The DJI Phantom 3 and DJI Inspire UASs are 

equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors. 

The DJI Phantom 3 and DJI Inspire UASs that will be operated by C. 

Ray Payne 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, C. Ray Payne, 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, DJI Inspire UASs in the 

National Airspace System (NAS), and for an exemption from the 6 

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, C. Ray Payne’s 

operation of DJI Phantom 3 and DJI Inspire UASs 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, C. Ray Payne 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. 

C. Ray Payne submits that the requested relief is proper since an 

equivalent level of safety will be ensured. C. Ray Payne will use 

experienced personnel or technicians to perform maintenance, 

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

techniques, and practices prescribed in the operating documents (DJI 

Phantom 3 and DJI Inspire Instruction 

Manuals). Furthermore, C. Ray Payne will document and maintain all 

maintenance records for the DJI Phantom 3 and DJI Inspire UASs. 

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

Sport pilot privileges and limitations: Pilot in command, is requested by 

C. Ray Payne to the extent necessary to allow a Pilot in Command (PIC) 

holding a sport 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 and DJI Inspire UASs in a manner consistent 

with this 7 exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and 

structures. 

C. Ray Payne seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 and DJI Inspire UASs do not 

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

Subpart H. As such, C. Ray Payne submits that he will ensure that the 

DJI Phantom 3 and DJI Inspire UASs are in an airworthy condition, 

prior to every flight, by determining that the UASs are in compliance 

with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 and DJI Inspire Instruction Manual), and that the aircraft are 
in a condition for safe flight. 

C. Ray Payne also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 and DJI Inspire 

UASs will not have a typical barometric altimeter onboard. However, 

altitude information of the DJI Phantom 3 and DJI Inspire UASs will be 

provided to the PIC via Global Positioning System (GPS) equipment and 

radio communications telemetry data link, which downlinks from the 

UAS to the GCS for active monitoring of the flight path. This altitude 

information, combined with C. Ray Payne’s operation of the DJI 

Phantom 3 and DJI Inspire UASs within visual line of sight, at or below 

400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, C. Ray Payne seeks an exemption from the requirements 

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

conditions. C. Ray Payne submits that safety will not be affected by 

operation of the DJI Phantom 3 and DJI Inspire UASs during daylight 

hours in visual meteorological conditions (VMC) under visual flight 8 

rules (VFR), with enough battery power to fly for a total duration of 

approximately 15 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 5 minutes. 

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

Payne president of 

C. Ray Payne Photography Inc.

6231 Liberty Hill

Dallas, TX 75248

(214)455-7684

Email: craypicts@verizon.net 
B. The Specific Sections Of 14 C.F.R. From Which C. Ray Payne

Seeks Exemption. 

1. C. Ray Payne Seeks Exemption from the Requirements Of 

Section 61.113(a) And (b). 

Section 61.113, entitled Sport pilot privileges and limitations: Pilot in 

command, subsections (a) and (b) prescribe the following, in relevant 

part:

(a) No person who holds a sport 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 sport pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation 

or hire. 

2. C. Ray Payne Seeks Exemption From The Requirements Of 

Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states 

the following: 9(a) No person may operate a civil aircraft unless it is in 

an airworthy condition. 

3. C. Ray Payne 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) If there is no station within the area prescribed in paragraph (a)(1)(i) 

of this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure. 

4. C. Ray Payne 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. 

5. C. Ray Payne 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[.] 

6. C. Ray Payne 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:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized 
under § 43.7 of this chapter[.] 

7. C. Ray Payne 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:

(a) 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. 

8. C. Ray Payne 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-- 11 (i) A description (or reference to data 

acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. (2) Records containing the following 

information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. (iii) The time since last overhaul of all 
items installed on the aircraft which are required to be overhauled on a 

specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD 

or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next 

action is required.

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

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(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 C. Ray Payne Seeks And The Reason C. 

Ray Payne Seeks The Relief. 

1. Extent Of Relief C. Ray Payne Seeks And The Reason C. Ray 

Payne Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Sport pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to 

allow a PIC holding a sport 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 sport 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, C. Ray Payne submits that an 

equivalent level of safety will be maintained because no PIC will be 

allowed to operate the DJI Phantom 3 UAS or DJI Inspire UAS unless 

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

demonstrating that the PIC is able to safely operate either the DJI 

Phantom 3 or DJI Inspire 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, C. Ray Payne submits that all flights of the DJI Phantom 3 and 

DJI Inspire UASs, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be 13 incidental to C. Ray Payne’s business; and (2) 

will not carry passengers or property for compensation or hire. 

2. Extent Of Relief C. Ray Payne Seeks And The Reason C. Ray 

Payne 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 C. Ray Payne to determine that 

the DJI Phantom 3 and DJI Inspire UASs are in airworthy condition 

prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., the Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 and DJI Inspire Instruction 

Manual). 

C. Ray Payne seeks the requested relief because the DJI Phantom 3 and 

DJI Inspire UASs do not require an airworthiness certificate in 

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

will ensure that the DJI Phantom 3 and DJI Inspire UASs are in 

airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 and DJI 

Inspire 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. 

3. Extent Of Relief C. Ray Payne Seeks And The Reason C. Ray 

Payne 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 and DJI Inspire UASs, 

which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information 

from the UAS 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), C. Ray Payne seeks the requested relief because the DJI 

Phantom 3 and DJI Inspire 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 and DJI Inspire UASs 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 UAS on the heads-up 

display of the GCS. 

4. Extent Of Relief C. Ray Payne Seeks And The Reason C. Ray 

Payne 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 and DJI Inspire UASs during daylight 

hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 15 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that 

for at least 5 minutes. C. Ray Payne seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of 

the battery powered DJI Phantom 3 and DJI Inspire UASs will severely 
constrain the practicality of any aerial video or still photo flight 

operations that C. Ray Payne proposes to conduct pursuant to this 

Petition. Significantly, as set forth below, the technical specifications of 

the DJI Phantom 3 and DJI Inspire UASs, the DJI Phantom 3 and DJI 

Inspire operating documents, and C. Ray Payne’s proposed operating 

limitations, ensure that C. Ray Payne will safely operate the battery 

powered DJI Phantom 3 and DJI Inspire UASs during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules 

(VFR), with enough battery power to fly for a total duration of 15 

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

cruising speed, to fly after that for at least 5 minutes. 

5. Extent Of Relief C. Ray Payne Seeks And The Reason C. Ray 

Payne 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, 

C. Ray Payne requests relief from these Sections because the DJI 

Phantom 3 and DJI Inspire UASs do not require airworthiness 

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

Inspire UASs meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, C. Ray Payne 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 Monthly 

Maintenance Log, and DJI Phantom 3 and DJI Inspire Instruction 

Manuals). Furthermore, C. Ray Payne will document and maintain all 

maintenance records for the DJI Phantom 3 and DJI Inspire UASs. 

D. The Reasons Why Granting C. Ray Payne’s Request Would Be 

In The Public Interest; That Is, How It Would Benefit The Public As 

A Whole.

Granting the present Petition will further the public interest by allowing 

C. Ray Payne to safely, efficiently, and economically perform aerial 

video and photography of Real Estate, Vacant Land, subdivisions, and 

Industrial property over certain areas of the United States. Search and 
Rescue deployment as well as disaster survey. 

Additionally, use of the DJI Phantom 3 and DJI Inspire UASs will 

decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of C. Ray 

Payne’s proposed operation of the DJI Phantom 3 and DJI Inspire UASs 

will be realized without implicating any privacy issues. 

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

The DJI Phantom 3 and DJI Inspire UASs are battery powered and serve 

as a safe, efficient, and economical alternative to the manned aircraft 

traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption 

allowing the use of a DJI Phantom 3 or DJI Inspire UAS would reduce 

the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and 

on the ground. 

2. The Public Will Benefit From The Safety And Efficiency Of The 

DJI Phantom 3 and DJI Inspire UASs.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 

UASs, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the substantial risk to life and property in the air and 

on the ground, which is usually associated with traditional manned 

aircraft flight operations. Aside from the lack of flight crew members 

located onboard the aircraft, the DJI Phantom 3 and DJI Inspire UASs 

(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces 

respectively, at their maximum gross weights with lengths of 16 inches 

and 17.3 inches respectively, with widths of 16 inches and 17.7 inches 

respectively, 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 4,450 pounds with a wingspan of 

approximately 37 feet, a length of 42 feet, and a fuel capacity of 110 

gallons, (Specifications of a Bell Jet Ranger 206)). 

3. Performing Aerial Video and Photography Operations With The 
DJI Phantom 3 and DJI Inspire UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 and DJI 

Inspire UASs are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of the 

DJI Phantom 3 and DJI Inspire UASs will allow United States citizens, 

like C. Ray Payne, to remain competitive and contribute to growth of the 

U.S. economy. Specifically, with the housing sector, operating the 

battery powered DJI Phantom 3 and DJI Inspire UASs is one such 

technology that not only allows citizens such as C. Ray Payne to remain 

competitive and profitable, and therefore, provide greater exposure and 

marketing of said real property, which will ultimately contribute to 

growth of the U.S. economy housing sector. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, C. Ray Payne’s proposed operation of the DJI 

Phantom 3 and DJI Inspire UASs will not implicate any privacy issues. 

Specifically, the DJI Phantom 3 and DJI Inspire UASs will be operated 

only in compliance with operating documents (i.e., DJI Phantom 3 and 

DJI Inspire Instruction Manual) which requires property owner 

involvement and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not 

Adversely Affect Safety, Or How The Exemption Would Provide A 

Level Of Safety At Least Equal To That Provided By The Rule 

From Which C. Ray Payne Seeks Exemption. 

1. Reasons Why The DJI Phantom 3 and DJI Inspire UASs 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, C. Ray Payne’s 

operation of the DJI Phantom 3 and DJI Inspire UASs meet the 

conditions of FMRA Section 333, and will not require an airworthiness 
certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without 

airworthiness certification and sets forth requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 

333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, 

and not later than 180 days after the date of enactment of this Act, the 

Secretary of Transportation shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this 

Act or the guidance required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at a 

minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create a 

hazard to users of the national airspace system or the public or pose a 

threat to national security; and 

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

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

this section that certain unmanned aircraft systems may operate safely 

in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft systems in the 

national airspace system. In seeking this exemption, C. Ray Payne 

submits that the DJI Phantom 3 and DJI Inspire UASs can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom 3 and DJI Inspire UASs; (b) the pilot 
certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The DJI Phantom 3 and DJI Inspire UASs 

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire UASs do not create a hazard to users 

of the NAS or the public, or otherwise pose a threat to national security 

considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Phantom 3 and DJI Inspire 

UASs.

The technical specifications of the DJI Phantom 3 and DJI Inspire UASs 

are set forth by the DJI Phantom 3 and DJI Inspire Specifications and 

Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 3 and DJI Inspire UASs Autonomous Flight 

And Navigation Modes Enable The UASs To Remain Within A 

Defined Operational Area.

The DJI Phantom 3 and DJI Inspire UASs may be operated in both 

manual and fully autonomous flight modes. A complete description of 

the flight and navigational modes of the DJI Phantom 3 and DJI Inspire 

UASs is provided in the DJI Phantom 3 and the DJI Inspire User 

Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 3 and DJI Inspire UASs Are 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 and DJI Inspire UASs 

will remain stationary, in flight, for 3 seconds or more. If, after 3 

seconds, the DJI Phantom 3 and DJI Inspire UASs do not reacquire 

control link data from the GCS, the UASs will assume that the Control 

Link is lost and the UASs will return to the home position (i.e., failsafe 

mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 

UAS and the DJI Inspire User Manuals respectively, attached hereto as 

Exhibit C and D.

iv. The DJI Phantom 3 and DJI Inspire Safety Zones.

A recent firmware update provides Safety Zones whereby restrictions 

are self imposed by the software in the UAS. The restricted areas are 

divided into Category A, and Category B. Category A is around larger 
airports like DFW and Love Field. Within 1.5 miles of this zone, the 

UAS will not take off. Between 1.5 miles and 5 miles, the maximum 

altitude is 35 feet. If flying within 320 feet this 

safety zone, a warning message will appear on the DJI Vision app. 

Category B safety zone is around smaller airports. Within .6 miles of 

this zone, the UAS will not take off. If flying within .6 miles this safety 

zone, a warning message will appear on the DJI Vision app., A complete 

description of the “Flight Restriction of Restricted Areas” of the DJI 

Phantom 3 and DJI Inspire GCS and flight control software is provided 

the DJI Phantom 3 User Manual and the DJI Inspire User Manuals 

respectively. The DJI Phantom 3 and DJI Inspire User Manuals are 

attached hereto as Exhibits C and D. 

b. Flight Operations Of DJI Phantom 3 and DJI Inspire UASs Are 

Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer.

C. Ray Payne 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 and DJI Inspire UASs. Additionally, a safety 

observer will assist all pilots during flight time. c. Flights Of DJI 

Phantom 3 and DJI Inspire UASs Will Be Conducted Pursuant To 

Specific Operating Limitations. 

In seeking this exemption, C. Ray Payne proposes to commercially 

operate DJI Phantom 3 and DJI Inspire UASs 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 

and DJI Inspire Unmanned Aircraft Systems. 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 UASs may not be flown at an indicated airspeed exceeding 20 

knots. 

4. The UASs 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 UASs 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is 

in a condition for safe flight. If the inspection reveals a condition that 

affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. The Ground Control 

Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect 

the UAS operation or flight characteristics, e.g. replacement of a flight 

critical component, must undergo a functional test flight. The PIC who 

conducts the functional test flight must make an entry in the aircraft 

records. 

12. The pre-flight inspection must account for all potential 

discrepancies, e.g. inoperable components, items, or equipment, not 

already covered in the relevant sections of the operating documents. 

13. The operator must follow the UAS manufacturer’s aircraft/

component, maintenance, overhaul, replacement, inspection, and life 

limit requirements. 

14. The operator must carry out its maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul 

component parts must be noted in the aircraft records, including total 

time in service, description of work accomplished, and the signature of 
the authorized person returning the UAS to service. 

15. Each UASs operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

16. The authorized person must make an entry in the aircraft record of 

the corrective action taken against discrepancies discovered between 

inspections. 

17. The PIC must possess at least a sport pilot certificate and at least a 

current third- class medical certificate or valid driver’s license issued by 

a state. 

18. The operator may not permit any PIC to operate unless the PIC 

meets the operator’s qualification criteria and demonstrates the ability to 

safely operate the UAS in a manner consistent with how the UAS will be 

operated under the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in 

a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes 

of training the operator’s PICs are permitted under the terms of the 

exemption. However, training operations may only be conducted during 

dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations 

are 

considered nonparticipants, and the PIC must operate the UAS with 

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

§ 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 

C.F.R. § 1.1. All operations must be conducted under visual 

meteorological conditions (VMC). If flight at night is required, a special 

request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not 

authorized. 

20. The UAS may not operate within 5 nautical miles of an airport 

reference point as denoted on a current FAA-published aeronautical 
chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the 

airport management must be made available to the Administrator upon 

request. 

21. The UAS may not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 

statute miles from the PIC. 

22. If the UAS loses communications or loses its GPS signal, it must 

return to a pre- determined location within the planned operating area 

and land or be recovered in accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering 

wind and forecast weather conditions) there is enough power to fly at 

normal cruising speed to the intended landing point and land the UAS 

with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under the grant of exemption. This COA will also require the 

operator to request a Notice 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. 

26. All aircraft operated in accordance with the exemption must be 

identified by serial number, registered in accordance with 14 C.F.R. part 

47, and have identification (N- Number) markings in accordance with 14 

C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

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

operation and control of the UAS must comply with the Federal 

Communications Commission (FCC) or other appropriate government 
oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must 

be available to the PIC at the Ground Control Station of the UAS any 

time the UAS is operating. These documents must be made available to 

the Administrator or any law enforcement official upon request. 

29. The UAS must remain clear and yield the right of way to all manned 

aviation operations and activities at all times. 

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

or vehicle. 

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

nonparticipating persons (persons other than the PIC, SO, operator 

trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from the UAS 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 UAS, flight 

operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present 

an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per § 91.119(a). 

32. All operations shall be conducted over sport 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.

C. Ray Payne 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 and DJI Inspire UASs 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 or 

DJI Inspire UASs in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Considering C. Ray Payne’s proposed area of operations, and the 

operating limitations set forth- above; the parallel nature of sport 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 or DJI Inspire UAS, C. 

Ray Payne submits that the additional manned airmanship experience of 

a commercially certificated pilot would not correlate to the airmanship 

skills necessary for C. Ray Payne’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).

C. Ray Payne will not allow any PIC to operate the DJI Phantom 3 or 

DJI Inspire UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the DJI Phantom 3 or DJI Inspire 

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

operate the DJI Phantom 3 or DJI Inspire 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 C. Ray 

Payne’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting 

operations for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a 

UAS pilot operating the same make and model of UAS to be used for 

operations under the exemption. For clarification, the FAA considers 

these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of 

multi-rotor time and the 10 hours may be included in the total 25 hours 

of UAS rotorcraft time. In addition to the hour requirements, the PIC 

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

currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s 

proposed operations. The FAA also finds that prior documented flight 

experience that was obtained in compliance with applicable regulations 

would satisfy this requirement. Training, proficiency, and experiencebuilding 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 UAS with 

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

No. 11138 at page 15.

Accordingly, C. Ray Payne will ensure safe operations by not allowing 

any PIC to operate the DJI Phantom 3 or DJI Inspire 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 or 

DJI Inspire 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, C. Ray Payne will ensure that 

the DJI Phantom 3 or DJI Inspire 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 and 

DJI Inspire UASs will be provided to the PIC via GPS equipment and a 

radio communications telemetry data link, which downlinks from the 

UAS to the GCS for active monitoring of the flight path and altitude. 

This altitude information, combined with C. Ray Payne’s operation of 

the DJI Phantom 3 and DJI Inspire UASs 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 and DJI Inspire UASs; (2) 

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

the proposed flight operations. Accordingly, C. Ray Payne will ensure 

that it will safely operate the battery powered DJI Phantom 3 and DJI 

Inspire UASs during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 15 minutes to the first point of 

intended landing and, assuming normal cruising speed, to fly after that 

for at least 5 minutes. 

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

Phantom 3 and DJI Inspire UASs; 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 and DJI 

Inspire UASs provide audible and visual warnings to the PIC at the GCS 

when the UASs 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 Vision+ and DJI Inspire UASs 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, C. Ray Payne 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 C. Ray Payne 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 Aerial 

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

DJI Inspire Instruction Manual). Furthermore, C. Ray Payne will 

document and maintain all maintenance records for the DJI Phantom 3 

and DJI Inspire UASs. 

Since the DJI Phantom 3 and DJI Inspire UASs will be inspected as 

prescribed by the operating documents, C. Ray Payne 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 and DJI Inspire User 

Manuals are attached hereto as Exhibit C and D; a copy of the DJI 

Phantom 3 and DJI Inspire UAS Maintenance LOG is attached hereto as 

Exhibit E. 

Likewise, the exemption sought will not adversely affect safety because 

C. Ray Payne 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 and DJI Inspire UASs 

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 C. Ray Payne’s proposed operating limitations, the 

operating documents, and the technical aspects of the DJI Phantom 3 

and DJI Inspire UASs, C. Ray Payne 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, 

C. Ray Payne requests that the FAA prescribe special conditions for the 

intended operation of the DJI Phantom 3 and DJI Inspire UASs, 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 and DJI Inspire 

UASs, 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 and DJI Inspire 

UASs, 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 C. Ray Payne Seeks Exemption: 

C. Ray Payne 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 C. Ray Payne

Seeks: 

This exemption will permit C. Ray Payne to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

video and photography over certain areas of the United States. Perform 

Search & Rescue, and disaster surveys.

G. Any Additional Information, Views, Or Arguments Available To 

Support C. Ray Payne’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, C. 

Ray Payne’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, C. Ray Payne will operate the DJI 

Phantom 3 and DJI Inspire UASs safely in the NAS, without creating a 

hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security.

CONCLUSION

As set forth herein, C. Ray 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 and DJI Inspire UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial 

video and photography over certain areas of the United States. By 

granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 
2012, while also advancing the interests of the public, by allowing C. 

Ray Payne to safely, efficiently, and economically operate the DJI 

Phantom 3 and DJI Inspire UASs commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations 

and the FAA Modernization and Reform Act of 2012, Section 333, C. 

Ray Payne respectfully requests that the Administrator grant this Petition 

for an exemption from the requirements of 14 C.F.R Sections 61.113(a) 

& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the 

DJI Phantom 3 and DJI Inspire UASs commercially for the purpose of 

conducting aerial video and photography over certain areas of the United 

States. 

Dated: June 17, 2015 Respectfully submitted, C. Ray Payne

president of C. Ray Payne Photography Inc. 

6231 Liberty Hill

Dallas, Texas 75248 

Mobile: (214)455-7684 

Email: craypicts@verizon.net 

Appendices:

A – DJI Phantom 3 Manufacturer’s User Manual D – DJI Inspire 

Manufacturer’s User Manual 

B – DJI Inspire Specifications Data Sheet

C – DJI Phantom 3 Specifications Data Sheet