A. Petition Summary

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, Wayne Parris 

Photography, (WPP), requests exemption from the following Federal Aviation Regulations that 

are found under Title 14 of the Code of Federal Regulations (CFR): 14 CFR parts §§ 61.113(a), 

91.119(c), 91.121(a), and 91.151. WPP seeks expedited approval and exemption from the 

CFRs listed above in order to operate the DJI Phantom 3 Unmanned Aircraft System (UAS) for 

the purpose of providing services in the domains of Precision Agriculture, Emergency services 

operations, Aerial inspections, Real Estate survey, and other commercial filmmaking 

applications. Operation of the DJI Phantom 3 by Wayne Parris Photography will follow strict 

operational limitations as outlined in this document and all recommendations by the FAA.

B. Background

1. Wayne Parris Photography (WPP)

Established in 2011, Wayne Parris Photography makes available to the general public, the 

services of still photography and videography applications. Part of the services offered include 

the opportunity for aerial photography for the purposes of documentation and preservation. 

Applications for aerial imagery include, but may not be limited to: Real Estate Survey, Real 

Property Inspection, Storm Damage Survey, Disaster Relief, Search and Rescue efforts, and 

Commercial Filmmaking applications.

2. DJI Phantom 3 Pro

The DJI Phantom 3 Pro is the newest and most advanced UAS offered by DJI at the time of this 

application. It is 24 inches wide, weights 2.8 lbs, has a max speed of 35mph, and climbs at 16 

feet/second. The gyro-stabilized camera makes it an ideal platform for aerial photography and 

cinema photography applications. The aircraft has a Return-To-Home function in the event of 

total loss of signal from the controller, or when battery remaining reaches a critically low level. 

The controller (2.400 GHz-2.483 GHz) has the capable range of 1.2 miles. The First Person 

View (FPV) video is relayed from the onboard camera a device, in my case, an iPhone6 or iPad 

mounted on the controller.

3. Pilot

Donald Wayne Parris will act as the sole PIC for WPP. 

Pilot Certificate #3354454

ATP/CFI/CFII

7479 Hours Total Flight Time

6931 Hours Pilot In Command

1700 Hours Instruction Given

Current First Class Medical

C. Statutory Authority

1. FAA Modernization and Reform Act of 2012, Section 333

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safety in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 

determining which UAS’ would be eligible for expedited integration into the National Airspace 
System (NAS). Specifically UAS’ that “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 the users of the national airspace system or the public, or pose a threat 

to national security”. If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) 

then gives the FAA the authority to decide if an airworthiness certification as specified by Title 49 

United States Code, Section 44704 is even required for operation. Section 333 (c) specifically 

states that the FAA can determine “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”. Thus, the FAA has the ability to allow a UAS that 

meets the criteria put forth in Section 333 (b) to operate within the NAS without an airworthiness 

certification as long as the UAS does not pose any hazard or threat to the NAS, public, and 

national security.

2. How WPP Meets Criteria In Section 333

Below are the criteria laid forth in Section 333 (b) and a detailed description of how WPP meets 

each of these criteria.

a. Size, Weight, and Speed

The DJI Phantom 3 Pro is 24 inches wide, weights 2.8 lbs, has a max speed of 35mph. This 

small, lightweight aircraft that operates at relatively slow speeds will pose little to no hazard to 

people or structures on the ground, thus making it an exponentially safer alternative to manned, 

fixed wing aircraft for aerial imaging.

b. Operational Capability

The primary function of the DJI Phantom 3 is to provide a stabilized aerial platform for remote 

sensing at altitudes at or below the current FAA UAS restrictions and limitations, or the 

limitations as amended in the future. For applications in industrial automation the offers a cost 

effective, environmentally friendly, and safe solution for aerial inspections. The data gathering 

capabilities of the DJI Phantom 3 will benefit individuals and companies, which is of great 

benefit to the economy and the public.

The UAS can take off and land vertically and can be launched and recovered from any stable 

surface or by hand, requiring no runway for take-off and landing and no transit to and from the 

site. Once airborne, the DJI Phantom 3 will fly at an altitude of 400 ft AGL or less, or the most 

current FAA altitude restrictions as changed in the future, over the designated area. Prior to 

flight, the Pilot in Command (PIC) sets a designated flight area and flight parameters to ensure 

that the DJI Phantom 3 will remain within the confines of the approved site and not exceed a 

maximum altitude 400 ft. AGL, or the most current FAA altitude restrictions as changed in the 

future over the designated area. If onboard sensors detect a critical issue at any time, such as a 

low battery state or loss of GPS signal, the DJI Phantom 3 will immediately execute 

preprogrammed safety procedures (Reference Appendix A). The DJI Phantom 3’s small 

operational footprint and built-in safety protocol provide a much safer alternative for aerial 

imaging and would pose a minimal hazard to the NAS or public.
c. Proximity to Airports/Populated Areas

WPP will only operate the DJI Phantom 3 over agricultural and/or industrial operation locations 

for the purpose of collecting aerial imagery. In addition, if operation are within

5NM of an airport WPP will coordinate with appropriate FAA authorities/air traffic control

agencies. Two-way communication will be established with the airport control tower, and an LOA 

will be obtained from the airport manager prior to commencing flight in or near Class C, D, E 

airspace. No flight will be conducted in Class A or B airspace. During flights within Class C, D 

airspace, the lowest altitude possible to complete my mission will be maintained.

d. Visual Line of Sight (VLOS)

The DJI Phantom 3 will be flown in accordance with day Visual Flight Rules (VFR) and only in 

Visual Meteorological Conditions (VMC) during day-light hours. The DJI Phantom 3 will operate 

within 1 NM and VLOS of the PIC, at an altitude 400 ft. AGL or less, or the most current FAA 

altitude restrictions as changed in the future, over the designated area.. The Safety Observer 

will be responsible for ensuring that the DJI Phantom 3 remains within VLOS at all times and will 

also assist in spotting potential hazards. 

e. Operating in proximity of powered aircraft

If the DJI Phantom 3 PIC or Observer notices powered aircraft approaching the area of 

operations, See and Avoid procedures are in effect at all times. The DJI Phantom 3 will be 

maneuvered in a manner in which to give the right-of-way to the powered aircraft. If the 

powered aircraft is to remain in the immediate area, i.e. for crop dusting operations, the DJI 

Phantom 3 will land and cease operations until the powered aircraft has left the area. 

3. Other Relevant Factors

a. Operational Limitations

WPP has established the following operational limitations for DJI Phantom 3 flights over 

designated areas.

o DJI Phantom 3 flights are only permitted over designated areas

o The DJI Phantom 3 will operate at or below 400 ft. AGL, or the most current FAA altitude 

restrictions as changed in the future

o The DJI Phantom 3 will operate within 1 NM and within VLOS of the PIC and

Safety Observer

o The DJI Phantom 3 will operate in accordance with Day Visual Flight Rules and only in Visual 

Meteorological Conditions during daylight hours

o All employees working on-site will be thoroughly briefed on DJI Phantom 3 operations prior to 

operations commencing

o DJI Phantom 3 operations will be conducted by commercially certified pilots.

o WPP will also follow any guidance from the FAA in accordance with Sec 333 (c) which states 

that after determining if UAS meets the criteria for safe operation that the FAA “shall [also] 

establish requirements for the safe operation of the” UAS in the NAS.
D. Basis for Petition

1. Name and Address of the Petitioner

Wayne Parris

Wayne Parris Photography

521 Turtle Creek Road

Sylva, NC 28779

Phone: 828-507-5558

Email: wayneparris911@gmail.com

2. Specific Sections of 14 CFR from which Wayne Parris Photography Seeks Exemption

Below are the sections from which WPP seeks exemption, with specifics on the extent of relief 

sought, reason for relief, and why exemption would not adversely affect safety.

Section 61.113(a); WPP will conduct operations in compliance with the following definitions and 

guidelines: PIC is defined as the person responsible for the safe ground and flight operation of 

the aircraft and onboard systems. The PIC/Operator may be augmented by supplemental pilots/

operators however; overall responsibility of the flight, regardless of who may be piloting the UA, 

will reside with a single PIC/Operator who retains ultimate decision-making authority. The PIC/

Operator shall be fully qualified to operate the UAS IAW applicable Service directives. PICs/

Operators must not perform crew duties for more than one UAS at a time. PICs/Operators are 

not allowed to perform concurrent duties both as pilot/operator and observer. Observer: All 

observers must have an understanding of federal aviation regulations applicable to the airspace 

where the UA will operate. Observers are considered a crew member of the UAS. Observers 

must not perform crew duties for more than one UAS at a time. Observers are not allowed to 

perform concurrent duties both as pilot and observer. Ancillary personnel such as flight 

engineers/observers/support personnel must be thoroughly familiar with and possess 

operational experience of the equipment being utilized. If the subject systems being utilized are 

for observation and detection of other aircraft for collision avoidance purposes, they must be 

thoroughly trained on collision avoidance procedures and techniques and have direct 

communication with the UAS pilot, observer, and other applicable personnel on an intercommunication system.

WPP Pilot-in-Command is an Airline Transport Pilot Certified pilot and have overall responsibility 

for flight operations. 

Based on the above operational guidelines and the high level of training I have received in my 

15-year aviation career, I feel the exemption would not adversely affect safety. In addition we 

feel the oversight of an ATP Certified Pilot during all operations meet the intent of 14 CFR Part 

61.113(a).

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. The DJI Phantom 3 has a barometer integrated auto pilot system. The auto pilot 

system calibrates the barometer when initialized. The DJI Phantom 3 height is constantly 

monitored by the pilot in command and spotter, thus ensuring operation at safe altitudes. For 

these reasons, WPP requests an exemption to § 91.121’s altimeter requirements.
Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non- congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a helicopter 

to operate at less than those minimum altitudes when it can be operated “without hazard to 

persons or property on the surface,” provided that “each person operating the aircraft complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA.” To demonstrate 

the intended agricultural-related services and industrial automation applications, the DJI 

Phantom 3 is normally operated at approximately 20 feet to 400 feet above the surface of a field 

or other agricultural area or within an industrial complex. In addition, due to the nature of the 

DJI Phantom 3 operation, the pilot in command and the designated spotter may at times be as 

much as 500 feet away during operation. Furthermore, by operating at such lower altitudes, the 

DJI Phantom 3 will not interfere with other aircraft that are subject to the minimum safe altitude 

regulations. An exemption from § 91.119’s minimum safe altitude regulations is therefore 

warranted.

Section 91.151(a,1,2) states "No person may begin a flight in an airplane 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

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes."

Maximum safe flight time for the DJI Phantom 3 is 20 minutes. All flight are executed during 

daylight under line of sight operation provided VFR conditions exist. The DJI Phantom 3 uses 

lithium polymer batteries as the power source. During flight operations battery levels are 

displayed on the ground station terminal and available to the PIC for review. In addition the DJI 

Phantom 3 is equipped with an LED indicator to notify the operator of low battery status. 

Moreover, the DJI Phantom 3 autopilot system is configured to return to home if the battery 

voltage drops below a configured parameter. The requirements under CRF §91.151(a,1,2) (b) 

are not applicable to the operation of the DJI Phantom 3.

3. How request benefits public as a whole

The DJI Phantom 3 is a safe, efficient, and an economical alternative to manned, fixed wing 

aircraft or helicopters that are currently being used to conduct aerial imaging of agricultural and 

industry . There are a four major reasons why the public would benefit from granting DFH 

exemptions from these regulations. Authorizing DJI Phantom 3 flights over designated areas 

would 1) reduce the number of manned aircraft in the NAS, 2) reduce air and noise pollution, 3) 

reduce the risk to life and property on the ground, and 4) increase agricultural and industrial 

economic growth.

Utilizing the DJI Phantom 3 in lieu of a traditional manned aircraft will result in the overall 

reduction of manned aircraft in the NAS. Thus there will be less aircraft that require control and 

coordination with Air Traffic Controllers (ATC). Because the DJI Phantom 3 can take-off and land 

on-site and operate at an altitude of 400 ft. AGL (or less) within VLOS of the PIC there is no 

need for ATC to provide coordination during ground, take-off, departure, transit, arrival, and 

landing phases of flight. As the skies over the United States get busier and busier, any small 

effort to lighten the load of the Air Traffic Controllers would be of great benefit to the public.

At 2.8 lbs. the battery operated DJI Phantom 3 with four electric motors provides a much quieter 

alternative to manned aircraft. Traditionally a manned aircraft would have to transit from the 

departure airport to the desired site and fly at low altitudes to achieve high-resolution imagery. 

The DJI Phantom 3 will require no transit time, and the electric motors will be exponentially 

quieter than an internal combustion motor on passenger aircraft that is typically used to conduct 
aerial imaging. In addition the DJI Phantom 3 requires no fuel since it is battery operated. A 

manned aircraft on the other hand typically burns 20-30 gallons of aviation fuel per hour which is 

polluting the air not only over the site but over the path of transit and around the airport. 

Conducting aerial imaging with the DJI Phantom 3 in lieu of a manned aircraft would thus 

greatly reduce both air pollution and noise pollution which is of great benefit to the public.

Using the DJI Phantom 3 would also greatly reduce if not completely eliminate the risk to life 

and property on the ground. The DJI Phantom 3’s small size and weight pose no hazard to 

people or structures on the ground as opposed to a manned aircraft, which has a much greater 

potential for collateral damage. In addition the DJI Phantom 3 is unmanned and as a result the 

risk associated with piloting this aircraft is non-existent. Overall the DJI Phantom 3 provides a 

much safer alternative to manned, aircraft operations for the purpose of collecting aerial 

imagery.

Lastly, Economic Potential; the UAS industry has the potential to create 100,000 U.S. jobs and 

contribute $82 billion to the GDP by 2025. An estimated 80 percent of UAS growth will come in 

the emerging science of precision agriculture, providing spatial and temporal data to optimize 

crop health and resource management, disaster damage survey, news gathering, and other 

aerial applications.

Wayne Parris Photography is dedicated to developing UAS technology for civilian applications 

by providing educators, and business, with unique opportunities to help innovate and grow UAS 

technology from the ground-up. Results of the non-proprietary research conducted by WPP 

provides a conduit for new market identification and product refinement. WPP’s unique business 

model encourages market expansion of UAS's utilization while providing economic benefits to 

the community.