UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

Sean P. Payne

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

Part 21, Subpart H; 45.23(b); 61.113(a); 61.113(b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 

91.119(c); 91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)(1); 91.409(a)(1); 

91.409(a)(2); 91.417(a) & (b); CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 3, DJI Phantom 2 and DJI Inspire 1 UNMANNED AIRCRAFT

SYSTEMS FOR PURPOSES OF AERIAL DATA COLLECTION

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on September 3, 2015

Sean P. Payne

2426 Ontario Road NW, APT. #306

Washington, D.C. 20009
Table of Contents

Summary.....................................................................................................................................................................1

Name and Address of Applicant..............................................................................................................................2

Petitioner’s Statement.............................................................................................................................................2

Exemptions Requested.............................................................................................................................................2

The sUAS Proposed for Operation Under the Petitioner’s Exemption.............................................................5

Risk Mitigation...........................................................................................................................................................7

Statement of Public Interest....................................................................................................................................7

Attachment: Copy of Private Pilot Certificate.......................................................................................................9

Attachment: Copy of Current Third Class Medical Certificate..........................................................................10

Attachment: DJI Phantom 2 User Manual V. 1.4...............................................................................................A-1

Attachment: DJI Phantom 3 User Manual V. 1.4...............................................................................................B-1

Attachment: DJI Phantom Inspire 1 User Manual V. 1.4..................................................................................C-1

Attachment: Freefly Systems Alta User Manual Rev. B....................................................................................D-1

Attachment: Motion Picture and Television Flight Operation Manual..........................................................E-1
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) Section 333

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

UA Unmanned Aircraft

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
1

Sean P. Payne

2426 Ontario Road NW, APT. #306

Washington, D.C. 20009

August 15, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Attachments: 

1) Copy of Petitioner’s Private Pilot Certificate.

2) Copy of Petitioner’s Current Third Class Medical Certificate

3) DJI Phantom 2 v.2.0 User Manual V. 1.4

4) DJI Phantom 3 User Manual V. 1.4

5) DJI Inspire 1 User Manual V. 1.4

6) Freefly Systems Alta User Manual Rev. B.

7) Motion Picture and Television Flight Operation Manual

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 In the matter of 

the petition of DOUGLAS TRUDEAU.

2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in the matter of 

the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 In the matter of the 

petition of FLYING CAM INC

To Whom It May Concern:

In accordance with the FAA's Guidelines/or Submitting a Petition/or Exemption under section 333 of the 

FAA Modernization and Reform Act 0/2012, Sean P. Payne, referred to hereafter as the petitioner, 

request exemption from the following sections of Title 14, Code of Federal Regulations §§

Part 21, Subpart H; 45.23(b); 61.113(a); 61.113(b); 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119(c); 

91.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a)(1); 91.409(a)(1); 91.409(a)(2); 91.417(a) & (b);

In order to operate small unmanned aircraft systems (sUAS) commercially in airspace regulated by the 

Federal Aviation Administration (FAA) for the purposes of aerial data collection including: environmental 

mapping, crop surveying, aerial photography, cinematography, videography that can be performed 

safely and more cost effectively with the use of small sUAS at low altitude within the U.S. national 

airspace system as compared to a manned aircraft. Operations will be performed only at the request of 

and with the authorization and permission of clients or their authorized agents in order to facilitate 

commerce and raise awareness of the beneficial uses of small unmanned air systems. So long as such 
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operations are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. The conditions identified and proposed by the petitioner are drawn 

from references 1-3.

Name and Address of Applicant/Petitioner

Sean P. Payne

2426 Ontario Road NW, APT. #306

Washington, D.C. 20009

973-583-2793

airplanedetective@gmail.com

Petitioner’s Statement

I am an experienced sUAS operator, certificated private pilot holding a current third class medical 

certificate and work professionally as a mechanical/aerospace engineer. I have been involved in remote 

aircraft and sUAS activities since 1993 and have experience with a wide range fixed wing, rotary wing 

and multirotor sUAS systems as well as full size passenger carrying aircraft and rotorcraft.

Though I live within the Flight Restricted Zone (FRZ), all of my sUAS flight operations and experience has 

been conducted outside of the FRZ and within the current proposed rulemaking established by the FAA 

put forth at the time of petitioning.

I am seeking an exemption for the use of sUAS vehicles for aerial data collection outside a closed set 

environment and for the utilization of sUAS vehicles for the purpose of aerial data collection within a 

closed set environment.

TheFARs

The petitioner seeks exemption from the FARs mentioned on page one of this submission for the 

following reasons;

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed 

operational area of the petitioner’s UAS permits exemption from Part 2 because my UAS meets (and 

exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from 

the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability 

and proximity to areas such as airports and dense populations. The petitioner’s current and projected 

UASs meet or exceed each of the elements.

45.23(b)

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 
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display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," as 

applicable. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the 

UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A.

61.113(a) & (b); The petitioner requests relief in order to facilitate the utilization of pilots, who hold a 

SPORT PILOT (or greater) certificate. We can achieve an equivalent level of safety as achieved by current 

Regulations because the petitioner’s sUAS do not carry any pilots or passengers. The risks attended to 

the operation of the petitioner’s sUAS is far less than the risk levels inherent in the commercial activities 

outlined in 14 C.F.R. § 61, et seq. Thus, allowing the petitioner to operate the sUAS in a manner that 

meet and exceed current safety levels in relation to 14 C.P.R. §61.113 (a) & (b). In addition, Grant of 

Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot 

certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a 

hazard to persons or property on the ground.

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a 

civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the requirements contained in the Manual for 

maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an 

equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by 

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following 
4

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A, 10602, 32827, and 10700.

91.103; Preflight Action This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the 

aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in the 

operations manual for each sUAS (attached to this exemption consideration). The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight.

91.109; Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

91.119(c) Establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft 

flying over areas other than congested areas to an altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. As set forth herein, the sUAS will not operate at 

higher than 400 feet AGL. The sUAS will, however, be operated to avoid congested or populated areas. 

Because aerial data collection must be accomplished at relatively low altitudes and at altitudes less than 

500 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be 

achieved given the size, weight, speed, and material with which the sUAS are built. Also, no flight will 

takeoff or land without the permission of the land owner or those who control the land. Because of the 

advance notice to the landowner, all affected individuals will be aware of the flights. Compared to 

operations conducted with aircraft or rotorcraft weighing far more than the sUAS, and carrying 

flammable fuel, any risk associated with these operations will be significantly less than those currently 

allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude 

operations of the sUAS will maintain separation from operations of conventional aircraft that must 

comply with Section 91.119.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not 

have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. 

To provide an equivalent level of safety, the sUAS autopilot will calculate the ground level with the onboard GPS during the pre-flight tests. The GPS and barometer data are merged with their respective 

precisions. The GPS provides reliable information to correct potential barometric bias, while rapid 

variations in altitude are detected through the barometer.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been 

granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 

2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 

10808, and 10673 for daytime, VFR conditions. The UAS provides battery power remaining in percent to 
5

the PIC. The UA batteries provide approximately 10-25 minutes of powered flight for the sUAS discussed 

in this petition. An equivalent level of safety can be achieved by maintaining the manufacturer 

recommended minimum minutes of reserve fuel, which would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its operating area given that the systems are 

designed to be flown within direct VLOS of the PIC. Information provided in the operating documents 

discusses procedures regarding remaining battery power management. Those documents contain a 

condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified 

level. Given the limitations on proposed operations and the location of those proposed operations, The 

FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

91.203(a)&(b); Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent 

part:

(a) Except as provided in § 91.715, no person may operate a civil 

aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

91.405(a); 91.407(a)(I); 91.409 (a)(I) & (2); 91.417(a) & (b) As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in 

accordance with the operating documents. The FAA found that adherence to the petitioner's operating 

documents and the conditions and limitations specified, describing the requirements for maintenance, 

inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected. An 

equivalent level of safety will be achieved because the sUAS are small in size, will solely operate in 

restricted predetermined areas and are not complex mechanical devices. We will perform all 

maintenance and inspections in accordance with the manufacturers' manuals and any required 

manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a preflight inspection of the 

sUAS and all associated equipment to account for all discrepancies.

The sUAS Proposed for Operation Under the Petitioner’s Exemption

DJI Phantom 2 v.2.0

The DJI Phantom 2 v.2.0 is a consumer grade small rotorcraft in the quadcopter configuration with an 

advertised weight of less than 44 ounces designed primarily to carry aloft a high definition camera. It has 

an advertised maximum speed of less than 30 knots and a maximum climb rate of less than 1200 feet 
6

per minute. It is powered by four electric motors with a distance between motors of less than 14 inches. 

It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled 

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, 

GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has 

failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard 

flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times 

to approximately 20 minutes. The onboard flight controller will warn the pilot via telemetry and external 

lighting cues before reaching a low battery state. An automatic termination of flight and landing will be 

initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually 

last less than 10 minutes. More information is available in attachment 3.

DJI Phantom 3 

The DJI Phantom 3 is a consumer grade small rotorcraft in the quadcopter configuration with an 

advertised weight of less than 44 ounces designed primarily to carry aloft a high definition camera. It has 

an advertised maximum speed of less than 30 knots and a maximum climb rate of less than 1200 feet 

per minute. It is powered by four electric motors with a distance between motors of less than 14 inches. 

It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with 

global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled 

primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is 

transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, 

GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. It has 

failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard 

flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times 

to approximately 20 minutes. The onboard flight controller will warn the pilot via telemetry and external 

lighting cues before reaching a low battery state. An automatic termination of flight and landing will be 

initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually 

last less than 10 minutes. More information is available in attachment 4.

DJI Inspire 1

The DJI Inspire 1 is a consumer grade small rotorcraft in the quadcopter configuration with an advertised 

maximum gross weight of 6 pounds 7.5 ounces designed primarily to carry aloft a high definition 

camera. It has an advertised maximum speed of less than 42 knots and a maximum climb rate of less 

than 1200 feet per minute. It is powered by four electric motors with a distance between motors of 

approximately 17 inches. It utilizes an internal inertial measuring unit (IMU) with integrated barometric 

sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and 

position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and 

telemetry information is transmitted back to a ground control station allowing the operator and/or PIC 

to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and 

control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can 

be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. 

Battery life limits flight times to approximately 20 minutes. The onboard flight controller will warn the 

pilot via telemetry and external lighting cues before reaching a low battery state. An automatic 

termination of flight and landing will be initiated when the battery reaches a predetermined low state. It 

is anticipated that flights will usually last less than 10 minutes. More information is available in

attachment 5.
7

Freefly Systems Alta

Alta is a hexa-rotor drone for aerial imaging that - when used in conjunction with a separately available 

MoVI gimbal - supports mounting the camera either below or above the airframe. This configuration 

allows camera and sensor packages to be mounted in a variety of positions, for a variety of applications.

Alta features a maximum payload of 15 lb, which is suitable for DSLRs, mirrorless cameras, and even 

compact cinema cameras (depending on lens weight and other variables). Equipped with a proprietary 

flight control system, Alta works with a range of transmitters operating on the 2.4 gHz band. Flight 

modes provided include Manual, Height Hold, Climb Rate Control (Vario), Position Hold, Ground Speed 

Control, Return-To-Home, and Auto-land. For monitoring, the flight controller can be used in 

conjunction with a variety of video transmission equipment to assist in framing cinema-graphic shots or 

sensor readings. The system has an onscreen display (OSD) and is user-configurable. Telemetry data can 

also be displayed on compatible 2.4 gHz band transmitters. The system has a maximum gross takeoff 

weight of 29.9 lbs and a top speed of about 45 miles per hour (mph) (39 knots). 

Risk Mitigation

The petitioner has reviewed FAA exemptions references 1-3 Conditions and Limitations section and 

believes that the procedures specified therein are reasonable and will be utilized in order to manage 

and mitigate risk and ensure public safety. A preflight checklist is employed to ensure that the UA 

airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine 

inspections before each flight, maintaining flight and maintenance logs to record time on failure prone 

components.

The petitioner request that in a manner similar to reference 3, he be allowed to operate within 5 miles 

of an airport provided that;

"The VA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may 

not operate within 5 nautical miles of the geographic center of a non-towered airport 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."

Operations within 5 miles of an airport are not anticipated to be routine but the petitioner is requesting 

a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the 

need arise. Operations within class B airspace are not requested due to the lack of mode C transponder.

In addition to the minimum pilot certifications required by the FAA, as pilot the petitioner will:

1) Have flown and logged a minimum of 150 flight cycles and 25 hours of total time as a sUAS 

pilot for a given category of sUAS (rotorcraft or fixed-wing) and at least 10 hours logged as a 

sUAS pilot with a similar VAS type (single blade or multi-rotor).

2) Have flown and logged a minimum of five hours as UAS pilot with the make and model of the 

sUAS as well as three take-offs and landings in the preceding 90 days.

Public Interest

Use of the sUAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact 

as compared to similar operations conducted with manned aircraft of greater proportions, carrying a 

9

Attachment 1: Sean P. Payne Private Pilot Certificate
10

Attachment 2: Copy of Current Third Class Medical Certificate