UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

RANDALL W. CUPP 

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 Professional AND DJI INSPIRE 1 UNMANNED 

AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on February 28, 2016

RANDALL W. CUPP 

1825 Log Ridge Trail

Tallahassee, Florida 32312
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .............................................................................. 3

SUMMARY....................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER ............................................... 4

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

BASIS FOR

PETITION.......................................................................................................................... 5

NAME AND ADDRESS OF PETITIONER......................................................... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH RANDALL W. CUPP 

SEEKS EXEMPTION...............................................................................8

THE EXTENT OF RELIEF RANDALL W. CUPP SEEKS AND THE REASON

RANDALL W. CUPP SEEKS THE RELIEF ...............11

THE REASONS WHY GRANTING RANDALL W. CUPP ’S REQUEST 

WOULD

BE IN THE PUBLIC INTEREST / 14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY...................................................................... 17

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

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

RANDALL W. CUPP 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 RANDALL W. CUPP to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of to be used in 

weddings, special events, sporting events, inspection purposes, real estate and news 

reports over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is RANDALL W. CUPP , I am a 40 year old Electronic/Mechanical 

Specialist/Engineer with a 10 year history of action sports photography and video as a 

hobbyist.

The objective is to offer services to local individuals and organizations featuring 

aerial photography and video including primarily:

 Promotional videos for local organizations.

 Video for Real Estate sales and promotion

 Wedding and Special Events.

 Coverage of sports and hobby club events..
BACKGROUND 

Unmanned Aircraft Systems: DJI Phantom 3 Professional, DJI Inspire 1 UASs 

RANDALL W. CUPP seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3 Professional and DJI Inspire 1 

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 

Professional 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 1 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 Professional and 

DJI Inspire 1UAs are equipped with four main rotors; driven by Lithium Polymer battery 

powered electric motors.

The DJI Phantom 3 Professional and DJI Inspire 1 UAs that will be operated by 

RANDALL W. CUPP 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, RANDALL W. CUPP , 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 

Professional, DJI Inspire 1 UASs in the National Airspace System (NAS), and for an 
exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, RANDALL W. CUPP operation of DJI 

Phantom 3 Professional and DJI Inspire 1 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, RANDALL W. CUPP 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.

RANDALL W. CUPP submits that the requested relief is proper since an 

equivalent level of safety will be ensured. RANDALL W. CUPP 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 (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional and DJI 

Inspire 1 Instruction Manual). Furthermore, RANDALL W. CUPP will document and 

maintain all maintenance records for the DJI Phantom 3 Professional and DJI Inspire 1 

UASs.

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

pilot privileges and limitations: Pilot in command, is requested by RANDALL W. 

CUPP to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot 

or higher level certificate, as well as an airman medical certificate, and who has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC 

is able to safely operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs in a 
manner consistent with this exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures.

RANDALL W. CUPP seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Professional and DJI Inspire 1 UASs do not 

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

such, RANDALL W. CUPP submits that he will ensure that the DJI Phantom 3 

Professional and DJI Inspire 1UASs 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 Professional and DJI Inspire 1 Instruction 

Manual), and that the aircraft are in a condition for safe flight.

RANDALL W. CUPP also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional and DJI Inspire 1 

UAs will not have a typical barometric altimeter onboard. However, altitude information 

of the DJI Phantom 3 Professional and DJI Inspire 1UAs will be provided to the PIC via 

Global Positioning System (GPS) equipment and radio communications telemetry data 

link, which downlinks from the UA to the GCS for active monitoring of the flight path. 

This altitude information, combined with RANDALL W. CUPP ’s operation of the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs within visual line of sight, at or below 

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

Additionally, RANDALL W. CUPP seeks an exemption from the requirements 

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

RANDALL W. CUPP submits that safety will not be affected by operation of the DJI 

Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery 

power to fly for a total duration of approximately 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.
In accordance with 14 C.F.R. § 11.81, RANDALL W. CUPP 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:

RANDALL W. CUPP 

1825 Log Ridge Trail

Tallahassee, Florida 32312

B. The Specific Sections Of 14 C.F.R. From Which RANDALL W. CUPP Seeks 

Exemption.

1. RANDALL W. CUPP Seeks Exemption From The Requirements Of 

Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

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

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft 

in connection with any business or employment if—

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

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

or hire.

2. RANDALL W. CUPP 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.

3. RANDALL W. CUPP Seeks Exemption From The Requirements Of 

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, 

in part:
following:

(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. RANDALL W. CUPP 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. RANDALL W. CUPP 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. RANDALL W. CUPP 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. RANDALL W. CUPP 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. RANDALL W. CUPP 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

(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--

(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 RANDALL W. CUPP Seeks And The Reason RANDALL 

W. CUPP Seeks The Relief.

1. Extent Of Relief RANDALL W. CUPP Seeks And The Reason 

RANDALL W. CUPP Seeks Relief From Section 61.113(a) And (b).

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

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding 

a private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct 

the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire.

As set forth more fully below, RANDALL W. CUPP submits that an equivalent 

level of safety will be maintained because no PIC will be allowed to operate the DJI 

Phantom 3 Professional UAS or DJI Inspire 1 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 Professional or DJI Inspire 1 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, RANDALL W. CUPP submits that all flights of the DJI Phantom 3 

Professional and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this 
Petition: (1) will be incidental to RANDALL W. CUPP ’s business; and (2) will not 

carry passengers or property for compensation or hire.

2. Extent Of Relief RANDALL W. CUPP Seeks And The Reason 

RANDALL W. CUPP 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 RANDALL W. CUPP to determine that the DJI Phantom 3 

Professional and DJI Inspire 1 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 Professional and DJI 

Inspire 1 Instruction Manual).

RANDALL W. CUPP seeks the requested relief because the DJI Phantom 3 

Professional and DJI Inspire 1 UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, RANDALL W. CUPP will 

ensure that the DJI Phantom 3 Professional and DJI Inspire 1 UASs are in airworthy 

condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 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 RANDALL W. CUPP Seeks And The Reason 

RANDALL W. CUPP 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 Professional and DJI Inspire 1 UASs, 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), RANDALL W. 

CUPP seeks the requested relief because the DJI Phantom 3 Professional and DJI Inspire 

1 UA’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 Professional and DJI Inspire 1 UAs are equipped 

with a barometric pressure sensor and GPS equipment, which automatically ensures that
a ground level pressure setting will be established prior to each flight, and provides 

the PIC with altitude information of the UA on the heads-up display of the GCS.

4.Extent Of Relief RANDALL W. CUPP Seeks And The Reason 

RANDALL W. CUPP 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 Professional and DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 

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

to fly after that for at least 4.5 minutes. RANDALL W. CUPP seeks the requested relief 

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

battery powered DJI Phantom 3 Professional and DJI Inspire 1 UAs will severely 

constrain the practicality of any aerial video or still photo flight operations that 

RANDALL W. CUPP proposes to conduct pursuant to this Petition.

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

3 Professional and DJI Inspire 1 UASs, the DJI Phantom 3 Professional and DJI Inspire 

1 operating documents, and RANDALL W. CUPP proposed operating limitations, 

ensure that RANDALL W. CUPP will safely operate the battery powered DJI Phantom 

3 Professional and DJI Inspire 1 UAs during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for 

a total duration of 13.5 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4.5 minutes.

5.Extent Of Relief RANDALL W. CUPP Seeks And The Reason 

RANDALL W. CUPP 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, RANDALL W. CUPP 
requests relief from these Sections because the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs do

not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 

Professional and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, RANDALL W. CUPP 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 RANDALL W. CUPP Aerial Operations Manual, Monthly 

Maintenance Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual). 

Furthermore, RANDALL W. CUPP will document and maintain all maintenance records 

for the DJI Phantom 3 Professional and DJI Inspire 1 UASs.

D. The Reasons Why Granting RANDALL W. CUPP 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 

RANDALL W. CUPP to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, and landscape over certain areas of the 

United States.

Additionally, use of the DJI Phantom 3 Professional and DJI Inspire 1 UASs will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of RANDALL W. CUPP ’s proposed operation of the 

DJI Phantom 3 Professional and DJI Inspire 1 UASs will be realized without implicating 

any privacy issues.

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

The DJI Phantom 3 Professional and DJI Inspire 1 UAs 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 

Professional or DJI Inspire 1 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.

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

DJI Phantom 3 Professional and DJI Inspire 1 UAs do not require an airport to takeoff or 

land. Likewise, a reduction of manned aircraft conducting aerial video and photography 

missions would result in fewer aircraft that must be handled by air traffic control during 

the ground, takeoff, departure, arrival, and landing phases of flight operations.

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

DJI Phantom 3 Professional and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs, instead of manned aircraft, will greatly benefit the public by drastically 

reducing the levels of air and noise pollution generated during traditional aerial video and 

still photography flight operations. By using battery power and electric motors, the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs produce no air pollution, and is the most 

viable environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI 

Phantom 3 Professional and DJI Inspire 1 UAs, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by battery 

powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 Professional and DJI Inspire 1 UASs to perform 

aerial acquisitions, the substantial risk to life and property in the air and on the ground, 

which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew 
members located onboard the aircraft, the DJI Phantom 3 Professional and DJI Inspire 1 

UAs (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,

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 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 

feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The 

DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Benefit 

The Economy.

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

Inspire 1 UASs are also an economical alternative to using manned aircraft to conduct 

similar aerial operations. As such, operation of the DJI Phantom 3 Professional and DJI 

Inspire 1 UASs will allow United States based companies, like RANDALL W. CUPP , 

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 Professional and DJI Inspire 1 UASs 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 Professional and DJI Inspire 1 UASs, companies 

such as RANDALL W. CUPP , 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 Professional and DJI Inspire 1 UASs, 
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.

4. There Are No Privacy Issues.

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

decades, RANDALL W. CUPP ’s proposed operation of the DJI Phantom 3 Professional 

and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs will be operated only in compliance 

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

Log, and DJI Phantom 3 Professional and DJI Inspire 1 Instruction Manual) which 

requires property owner involvement as well as local law enforcement notification, and 

in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119.

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 RANDALL W. CUPP Seeks 

Exemption.

1. Reasons Why The DJI Phantom 3 Professional and DJI Inspire 1 UAs 

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, RANDALL W. CUPP ’s operation of the 

DJI Phantom 3 Professional and DJI Inspire 1 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, RANDALL W. CUPP submits that the DJI 

Phantom 3 Professional and DJI Inspire 1 UASs can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI 

Phantom 3

Professional and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) 

the specific operating limitations.

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

1 UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional 

and DJI Inspire 1 UASs.

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

1 UASs are set forth by the DJI Phantom 3 Professional and DJI Inspire 1 

Specifications and Data Sheet, attached hereto as Exhibit A and B.

ii. The DJI Phantom 3 Professional and DJI Inspire 1 UASs 

Autonomous Flight And Navigation Modes Enable The UASs 

To Remain Within A Defined Operational Area.
The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs is 

provided at pages 25-35 of the DJI Phantom 3 Professional and pages 12-16 and 45-50 of 

the DJI Inspire 1 User Manuals, attached hereto as Exhibit C and D.

iii. The DJI Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 

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

Phantom 3 Professional and DJI Inspire 1 UAs do 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 of the DJI Phantom 3 

Professional UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 

13 through 15 of the DJI Phantom 3 Professional and DJI Inspire 1 User Manuals,

attached hereto as Exhibit C and D.

iv. The DJI Phantom 3 Professional and DJI Inspire 1 GCS 

And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 

Professional and DJI Inspire 1 GCS and flight control software is provided at pages 32 

through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 of 

the DJI Inspire 1 User Manual. DJI Phantom 3 Professional and DJI Inspire 1 User 

Manuals are attached hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 3 Professional and DJI Inspire 1 

UASs Are Limited To The Line Of Sight Of A Certificated Pilot in 

Command With A Safety Observer.
RANDALL W. CUPP 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 Professional and DJI Inspire 1 UASs. Additionally, a safety observer will 

assist all pilots

during flight time.

c. Flights Of DJI Phantom 3 Professional and DJI Inspire 1 UASs Will Be 

Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, RANDALL W. CUPP proposes to commercially 

operate DJI Phantom 3 Professional and DJI Inspire 1 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 

Professional and DJI Inspire 1 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 UAs may not be flown at an indicated airspeed exceeding 20 knots.

4.The UA must be operated at an altitude of no more than 500 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All 

altitudes reported to ATC must be in feet AGL.

5.The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate.

6.The use of first person view (FPV) by the PIC or safety observer (SO) is 

not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all 

times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer 

his or her designation for the duration of the flight. The PIC must ensure that 

the SO can perform the functions prescribed in the operating documents.
8.The SO must not perform any other duties beyond assisting the PIC 

with seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or 

other instruments.

9.The operating documents and the grant of exemption must be 

accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the

grant of exemption and the procedures outlined in the operating documents, 

the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon 

which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operating documents.

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 private pilot certificate and at least a 

current third- class medical certificate.

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 UA 

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 UA may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA. 

The letter of agreement with the airport management must be made available 

to the Administrator upon request.

21. 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.

22. 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.

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 UA 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 UA 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 UA 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 UA and/or debris in the event of an 

accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately and/or;

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 private or controlled-access property 

with permission from the land owner/controller or authorized 

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be 

reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

RANDALL W. CUPP 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 Professional and DJI Inspire 1 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 Professional or DJI Inspire 1 UAS in a manner consistent 

with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Considering RANDALL W. CUPP ’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial pilot requirements (See Exemption No. 

11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 

Professional or DJI Inspire 1 UAS, RANDALL W. CUPP submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to 

the airmanship skills necessary for RANDALL W. CUPP ’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).

RANDALL W. CUPP will not allow any PIC to operate the DJI Phantom 3 

Professional or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the DJI Phantom 3 Professional or DJI Inspire 1 

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

Phantom 3 Professional or DJI Inspire 1 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 RANDALL W. CUPP ’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 UA with 

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

Exemption No. 11138 at page 15.

Accordingly, RANDALL W. CUPP will ensure safe operations by

not allowing any PIC to operate the DJI Phantom 3 Professional or DJI 
Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 

Professional or DJI Inspire 1 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, RANDALL W. CUPP will ensure that the DJI Phantom 3 

Professional or DJI Inspire 1 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 Professional and DJI Inspire 1 

UAs will be provided to the PIC via GPS equipment and a radio communications 

telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path and altitude. This altitude information, combined with RANDALL W. 

CUPP ’s operation of the DJI Phantom 3 Professional and DJI Inspire 1 UAs within 

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

Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

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

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

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

by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI
Phantom 3 Professional and DJI Inspire 1 UASs; (2) the limitations on the proposed 

flight operations; and (3) the location of the proposed flight operations. Accordingly, 

RANDALL W. CUPP will ensure that it will safely operate the battery powered DJI 

Phantom 3 Professional and DJI Inspire 1 UAs during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 13.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 4.5 minutes.

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

3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 UASs provide audible and visual warnings 

to the PIC at the GCS when the UAs experiences low battery voltage, the first warning 

occurring at approximately 33% remaining battery power, and again at approximately 

10% remaining battery power. At the critically low battery level, the DJI Phantom Vision 

+ and DJI Inspire 1 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, RANDALL W. CUPP 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 RANDALL W. CUPP 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 RANDALL W. 

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

Professional and DJI Inspire 1 Instruction Manual). Furthermore, RANDALL W. CUPP 

will document and maintain all maintenance records for the DJI Phantom 3 Professional 

and DJI Inspire 1 UASs.

Since the DJI Phantom 3 Professional and DJI Inspire 1 UASs will be inspected 

as prescribed by the operating documents, RANDALL W. CUPP 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 Professional and DJI Inspire 1 User 

Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 3 

Professional and DJI Inspire 1 UAS Maintenance LOG is attached hereto as Exhibit E.

Likewise, the exemption sought will not adversely affect safety because 

RANDALL W. CUPP 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 Professional and DJI Inspire 1 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 RANDALL W. CUPP ’s proposed operating limitations, the 

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

DJI Inspire 1 UASs, RANDALL W. CUPP 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, RANDALL W. CUPP 

requests that the FAA prescribe special conditions for the intended operation of the DJI 

Phantom 3 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 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 Professional and DJI Inspire 1 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).

 A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which RANDALL W. CUPP Seeks Exemption:

RANDALL W. CUPP 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 RANDALL W. CUPP 

Seeks:

This exemption will permit RANDALL W. CUPP 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 

Support RANDALL W. CUPP ’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, RANDALL W. CUPP ’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, RANDALL W. CUPP will operate the DJI 

Phantom 3 Professional and DJI Inspire 1 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, RANDALL W. CUPP 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 Professional and DJI 

Inspire 1 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 RANDALL W. CUPP to safely, efficiently, and economically 

operate the DJI Phantom 3 Professional and DJI Inspire 1 UASs commercially within the 

NAS.

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

Modernization and Reform Act of 2012, Section 333, RANDALL W. CUPP 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 Professional and DJI Inspire 1 UASs commercially for the purpose of 

conducting aerial video and photography over certain areas of the United States.

Dated: February 28th 2016

Respectfully submitted, 

RANDALL W. CUPP 

RANDALL W. CUPP 

RANDALL W. CUPP 

1825 Log Ridge Trail

Tallahassee, Florida, 32312
Appendices:

A – DJI Phantom 3 Professional Specifications Data Sheet

B – DJI Inspire 1 Specifications Data Sheet

APPENDIX – A

DJI Phantom 3 Professional TECHNICAL SPECIFICATIONS

RANDALL W. CUPP only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the 

user to set parameters which will not allow flight into controlled airspace. Parameters can 

also be set to limit flight to no higher than a predetermined and set altitude as well as limit
flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices)

1.1 DJI Phantom 3 Professional

1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 5200mAH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 200°/s

1.1.1.5 Max Tilt Angel - 35°

1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.03°

1.1.2.3 Controllable Range – Pitch: -90° - 0°

1.1.2.4 Maximum Angular Speed – Pitch: 90°/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 32°F - 104°F (0°C - 40°C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 110°/85°

1.1.4 Transmitter

1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz

1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm

1.1.4.4 Transmitter Power – FCC Compliance: 100mW

1.1.4.5 Working Voltage – 120mA@3.7V

1.1.5 Range Extender

1.1.5.1 Operating Frequency – 2412-2462MHz

1.1.5.2 Communication Distance (unobstructed) – 500-700m

1.1.5.3 Transmitter Power – 20dBm

1.1.5.4 Power Consumption – 2W

APPENDIX – B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

RANDALL W. CUPP only utilizes safe and reliable UASs. DJI is an industry leader in 

small UAS production. DJI UASs are loaded with ground breaking software enabling the 

user to set parameters which will not allow flight into controlled airspace. Parameters can 

also
be set to limit flight to no higher than a predetermined and set altitude as well as limit 

flight to a predetermined and set distance. In addition, DJI software provides real-time 

altitude and location information to the PIC via the linked monitor (smart phone/tablet 

devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model – T600

2.2.1.2 Weight (Battery Included) – 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode) – Vertical: 0.5m; Horizontal:

2.5m

40°C)

2.2.1.4 Max Angular Velocity – Pitch: 300°/s; Yaw: 150°/s

2.2.1.5 Max Tilt Angle - 35°

2.2.1.6 Max Ascent Speed – 5m/s

2.2.1.7 Max Descent Speed – 4m/s

2.2.1.8 Max Speed – 22m/s (ATTI mode, no wind – NOT

RECOMMENDED)

2.2.1.9 Max Flight Altitude – 4500m

2.2.1.10 Max Wind Resistance – 10m/s

2.2.1.11 Max Flight Time – Approximately 18 minutes

2.2.1.12 Motor Model – DJI 3510

2.2.1.13 Propeller Model – DJI 1345

2.2.1.14 Operating Temperature Range – 14°F to 104°F (-10°C to

2.2.1.15 Dimensions – 17 1/4” x 17 3/4” x 12”

2.2.2 Gimbal

2.2.2.1 Model – ZENMUSE X3

2.2.2.2 Output Power (with camera) – Static: 9W; In Motion: 11W 

2.2.2.3 Operating Current – Static: 750mA; In Motion: 900mA 

2.2.2.4 Angular Vibration Range - ±0.03°

2.2.2.5 Mounting – Detachable

2.2.2.6 Controllable Range – Pitch: -90° to +30°; Pan: ±320°

2.2.2.7 Mechanical Range – Pitch: -125° to 45°; Pan: ±330°

2.2.2.8 Max Controllable Speed – Pitch: 120°/s; Pan: 180°/s

2.2.3 Camera

2.2.3.1 Name – X3

2.2.3.2 Model – FC350

2.2.3.3 Total Pixels – 12.76M

2.2.3.4 Effective Pixels – 12.4M

2.2.3.5 Image Max Size – 4000x3000

2.2.3.6 ISO Range – 100-3200

2.2.3.7 Field of View - 94°

2.2.3.8 CMOS – Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording – UHD(4K): 4096x2160p24/25,

3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60;

HD: 1280x720p24/25/30/48/50/60

2.2.3.10 Operating Temperature Range - 32°F - 104°F (0°C - 40°C)

2.2.4 Transmitter

2.2.4.1 Name – C1

2.2.4.2 Operating Frequency – 5.728-5.850GHz; 2.400-2.483GHz
2.2.4.3 Communicating Distance (unobstructed) – 2000m 

2.2.4.4 Output Power – 9W

2.2.4.5 Operating Temperature Range - 14°F to 104°F (-10°C to 

40°C)

2.2.4.6 Battery – 600mAh LiPo 2S