Edward Payne

139 Ashmont Street

Portland, Maine 04103

Edward.Payne@MS.com

Phone: 207-274-8924

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from: 14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) and (2)

14 CFR 91.417(a) and (b)

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 & DJI Inspire 1 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14

CFR Part 11, Edward Payne, operator of Unmanned Aircraft Systems (UAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of 

designated UAS, provided such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, 

as described herein, which are equipped with camera(s) and sensors, would provide professional 

services in the following areas:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public events, 

cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the owners 

or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not 

limited to electrical power lines, wind turbines and cell towers.
5. Aerial video/photography or providing live video feed to assist with search and rescue operations in 

cases of an emergency or natural disaster only when the local authorities or government has requested 

it by contract or donation.

6. Training to persons individually or belonging to both private and/or public organizations to increase 

awareness and improve safety for current and future UAS operations within the NAS.

As described fully below, the requested exemption would permit the operation of designated UAS as set 

forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) safe. Approval of this exemption would increase public awareness of UAS 

operations and enhance safety to aid in fulfilling the Secretary of

Transportation’s (the FAA Administrator’s) responsibilities to “....establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

I plan to operate a UAS, the DJI PHANTOM 3/INSPIRE 1 Professional and DJI Inspire 1 which are 

comprised of an unmanned aircraft (UA or Phantom 3 or Inspire1) and a transportable ground station. 

The Phantom 3 is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It is 

equipped with four rotors that are driven by electric motors powered by batteries. The UA has a 

maximum airspeed of 16 m/s.

I also plan to operate a UAS, the DJI Inspire 1 which is comprised of an unmanned aircraft (UA or Inspire 

1) and a transportable ground station. The Inspire 1 is referred to as a quad-copter with a maximum 

gross weight of about 6.5 pounds. It is equipped with four rotors that are driven by electric motors 

powered by batteries. The UA has a maximum airspeed of 22 m/s.

Also, given the small size of the UAS’s involved and the restricted controlled environment within which 

they will operate, the applicant fits within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the controlled areas in which the relevant 

UASs will operate, approval of the application presents no national security issue. Given the following, 

the grant of the requested exemptions is clearly in the public interest:

Edward Payne proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an 

exceptional level of safety to operations. These limitations and conditions to which Edward Payne 

agrees to be bound when conducting commercial operations under an FAA issued exemption including:

1. The UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of operator.

3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

4. Flights will be operated at an altitude of no more than 400 feet AGL

5. UAS operator will be trained and certified in the proper safety and operations of the UAS.

6. The UAS will only operate within a controlled area as defined in the Procedures.

7. The operator will post advisor notice around the controlled area.

8. The operator will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required.

9. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a predetermined location within the Security Perimeter and land.

10. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
Unmanned Aircraft Systems: DJI Phantom 3/Inspire 1, DJI Inspire 1, UAS Edward Payne seeks an 

exemption to operate DJI Phantom 3/Inspire 1 system for compensation or hire within the NAS. The DJI 

Phantom 3/Inspire 1 is 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/Inspire 1 has 

a maximum gross weight of approximately 2.8 lb. while having a diagonal dimension of 23.2”, a 

maximum speed of approximately 16.4’fps and a maximum flying height of 400'. The DJI Phantom 

3/Inspire 1 is equipped with four main rotors; driven by Lithium Polymer battery powered electric 

motors. 5 The DJI Phantom 3/Inspire 1 that will be operated by Edward Payne will be registered in 

accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 

14 C.F.R. Part 45, Identification and Registration Marking. BASIS FOR PETITION Petitioner, Edward Payne, 

pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA 

Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned 

Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3/Inspire 

1, UAS 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, Edward Payne operation of DJI Phantom 3/Inspire 1 UAS 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, Edward Payne requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft 

with an airworthiness certificate. Edward Payne submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Edward Payne will use experienced personnel or technicians 

to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and 

DJI Phantom 3/Inspire 1 Instruction Manual). Furthermore, Edward Payne will document and maintain 

all maintenance records for the DJI Phantom 3/Inspire 1 UAS. Relief from certain requirements of 

Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested 

by Edward Payne 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 flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and 

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

Edward Payne seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 3/Inspire 1 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 

21, Subpart H. As such, Edward Payne submits that they will ensure that the DJI Phantom 3/Inspire 1

UAS is in an airworthy condition, prior to every flight, by determining that the UAS are in compliance 
with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3/Inspire 1 Instruction 

Manual), and that the aircraft are in a condition for safe flight. 6 Edward Payne also seeks an exemption 

from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3/Inspire 1

UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI 

Phantom 3/Inspire 1 UAS 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 Edward Payne’s operation of the 

DJI Phantom 3/Inspire 1 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, Edward Payne seeks an exemption from the requirements of Section 91.151(b), entitled 

Fuel requirements for flight in VFR conditions. Edward Payne submits that safety will not be affected by 

operation of the DJI Phantom 3/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 23 minutes. Battery power indicators are also able to show exactly how much battery 

power is left, as well as how much time is needed to return safely back to point of take off. In 

accordance with 14 C.F.R. § 11.81, 

Edward Payne provides the following information in support of its petition for exemption: A. Name And 

Address Of The Petitioner. The name and address of the Petitioner and point of contact is: Edward 

Payne 139 Ashmont Street, Portland, ME 04103. 7 B. The Specific Sections Of 14 C.F.R. From Which 

Edward Payne Seeks Exemption. 

1. Edward Payne 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. Edward Payne 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. Edward Payne Seeks Exemption From The Requirements Of Section 91.121. Section 91.121, entitled 

Altimeter settings, subsection (a), states the following, in part: (a) Each person operating an aircraft shall 

maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an 

altimeter that is set, when operating-- (1) Below 18,000 feet MSL, to-- (i) The current reported altimeter 

setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station 

within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of 
an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation 

of the departure airport or an appropriate altimeter setting available before departure. 8 

4. Edward Payne Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, 

entitled Fuel requirements for flight in VFR conditions, subsection (b), states the following: (b) No 

person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 20 minutes. 

5. Edward Payne Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled 

Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft— (a) 

Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter[.]

6. Edward Payne Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, 

entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection 

(a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless-- (1) It has been approved for return to service 

by a person authorized under § 43.7 of this chapter[.]

7. Edward Payne Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided in 

paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar 

months, it has had -- (1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 9 

8. Edward Payne Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 

91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work 

performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the 

following records for the periods specified in paragraph (b) of this section: (1) Records of the 

maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, 

and other required or approved inspections, as appropriate, for each aircraft (including the airframe) 

and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-- (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. 10 (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 Edward Payne Seeks And The Reason Edward Payne Seeks The Relief. 1. Extent Of 

Relief Edward Payne Seeks And The Reason Edward Payne 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, Edward Payne submits that an 

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

3/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/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, Edward Payne submits that all flights of the DJI Phantom 3/Inspire 1 UAS, conducted by the PIC 

pursuant to the grant of this Petition: (1) will be incidental to Edward Payne’s business; and (2) will not 

carry passengers or property for compensation or hire. 11 2. 

Extent Of Relief Edward Payne Seeks And The Reason Edward Payne Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow Edward Payne to determine that the DJI Phantom 3/Inspire 1 UAS are in airworthy condition prior 

to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., Edward 

Payne Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3/Inspire 1 Instruction 

Manual). Edward Payne seeks the requested relief because the DJI Phantom 3/Inspire 1 UAS do not 

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

Payne will ensure that the DJI Phantom 3/Inspire 1 UAS are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3/Inspire 1) 

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 Edward Payne Seeks And The Reason Edward Payne Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

DJI Phantom 3/Inspire 1 UAS, 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).

Edward Payne seeks the requested relief because the DJI Phantom 3/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/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 Edward Payne Seeks And The Reason Edward Payne Seeks Relief From Section 

91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered DJI Phantom 3/Inspire 1 UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a 

total duration of 23 minutes. Edward Payne seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the 12 battery powered DJI Phantom 3/Inspire 1 UAS 

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

Payne proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical 

specifications of the DJI Phantom 3/Inspire 1 UAS, the DJI Phantom 3/Inspire 1 operating documents, 

and Edward Payne’s proposed operating limitations, ensure that Edward Payne will safely operate the 

battery powered DJI Phantom 3/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 23 

minutes.

5. Extent Of Relief Edward Payne Seeks And The Reason Edward Payne Seeks Relief From Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness 

certificate, Edward Payne requests relief from these Sections because the DJI Phantom 3/Inspire 1 UAS 

do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3/Inspire 1 UAS 

meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. 

Accordingly, Edward Payne will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., the Edward Payne Aerial Operations Manual, Monthly Maintenance Log, and 

DJI Phantom 3/Inspire 1 Instruction Manual). Furthermore, Edward Payne will document and maintain 

all maintenance records for the DJI Phantom 3/Inspire 1 UAS. D. 
The Reasons Why Granting Edward Payne 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 Edward Payne to safely, efficiently, and economically perform aerial video and photography of 

construction sites, real estate, events and civic landscape over certain areas of the United States. 

Additionally, use of the DJI Phantom 3/Inspire 1 UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of Edward Payne’s 

proposed operation of the DJI Phantom 3/Inspire 1 UAS will be realized without implicating any privacy 

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

The DJI Phantom 3/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 13 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 

DJI Phantom 3/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/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/Inspire 1 UAS. Conducting aerial acquisitions with the DJI Phantom 3/Inspire 1

UAS, 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/Inspire 1 UAS 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/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/Inspire 1 UAS 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/Inspire 1

UAS (weighing approximately 2.8 pounds at their maximum gross weight with diagonal dimension of 

23.2 inches, 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/Inspire 1 UAS Will Benefit The Economy.
In addition to being safe and efficient, the DJI Phantom 3/Inspire 1 UAS are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI 

Phantom 3/Inspire 1 UAS will allow United States based companies, like Edward Payne, 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/Inspire 1 UAS is one such technology 

that not only allows companies greater operational 14 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/Inspire 1 UAS, companies such as Edward Payne, 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/Inspire 1 UAS, 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, Edward Payne’s proposed operation of the DJI 

Phantom 3/Inspire 1 UAS will not implicate any privacy issues. 

Specifically, the DJI Phantom 3/Inspire 1 UAS will be operated only in compliance with operating 

documents (i.e., Edward Payne Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 

3/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 Edward Payne 

Seeks Exemption. 1. Reasons Why The DJI Phantom 3/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, Edward Payne’s operation of the DJI Phantom 3/Inspire 1 UAS 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. 15 (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, Edward Payne 

submits that the DJI Phantom 3/Inspire 1 UAS can operate safely in the NAS pursuant to FMRA Section 

333, as demonstrated by: (a) the characteristics of the DJI Phantom 3/Inspire 1 UAS; (b) the pilot 

certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI 

Phantom 3/Inspire 1 UAS Demonstrate Its Safe Characteristics. The DJI Phantom 3/Inspire 1 UAS does 

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/Inspire 1 UAS. The technical specifications of the DJI Phantom 3/Inspire 1 UAS are set forth 

by the DJI Phantom 3/Inspire 1 User Manual, attached hereto as Appendix A. ii. 

The DJI Phantom 3/Inspire 1 UAS Global Positioning Modes Enable The UAS To Remain Within A Defined 

Operational Area. The DJI Phantom 3/Inspire 1 UAS may be operated in both manual and global 

positioning flight modes. A complete description of the flight and navigational modes of the DJI 

Phantom 3/Inspire 1 UAS is provided at pages 11 of the DJI Phantom 3/Inspire 1 User Manual attached 

hereto as Appendix A. iii. The DJI Phantom 3/Inspire 1 UAS 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/Inspire 1 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, 

the DJI Phantom 3/Inspire 1 UAS does not reacquire control link data from the GCS, the UAS will assume 

that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will 

descend to the takeoff position and shutdown. 16 A complete description of the Failsafe Functions of 

the DJI Phantom 3/Inspire 1 UAS are set forth at pages 12 through 14 of the DJI Phantom 3/Inspire 1

User Manual, attached hereto as Appendix A. iv. The DJI Phantom 3/Inspire 1 GCS And Its Operation. A 

complete description of the operation and specifications of the DJI Phantom 3/Inspire 1 GCS and flight 

control software is provided at pages 23 through 29 of the DJI Phantom 3/Inspire 1 User Manual. DJI 

Phantom 3/Inspire 1 User Manual is attached hereto as Appendix A. b. Flight Operations Of DJI Phantom 

3/Inspire 1 UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer.

Edward Payne video production staff will be the only persons to act as a pilot in command (PIC) of the 

DJI Phantom 3/Inspire 1 UAS. Additionally, a safety observer will assist him at all times during flight time. 

c. Flights Of DJI Phantom 3/Inspire 1 UAS Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Edward Payne proposes to commercially operate DJI Phantom 3/Inspire 1

UAS 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 UAS weighing less than 55 pounds maximum gross weight: DJI 

Phantom 3/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 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is made and 

approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The 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. 17 

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. 18 

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 UAS 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 thirdclass 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 predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents. 19 

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 (NNumber) 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; 20 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. Edward Payne submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 

3/Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3/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 Edward Payne’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/Inspire 1

UAS, Edward Payne submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Edward Payne’s specific 

proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 

11156, 11158, 11159, 11160, 11161). 

Edward Payne will not allow any PIC to operate the DJI Phantom 3/Inspire 1 UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 3/Inspire 1 UAS 

training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3/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 21 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 

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

experience that was obtained in compliance with applicable regulations would ensure safe operations, 

stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion 

picture filming (or similar operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same 

make and model of UAS to be used for operations under the exemption. For clarification, the FAA 

considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and 

model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in the 

total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 

takeoffs and landings in the preceding 90 days (for currency purposes). 

The FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate 

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

operations. The FAA also finds that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required flight 

time. During training, proficiency, and experience-building flights the PIC is required to operate the UA 

with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. 

Accordingly, Edward Payne will ensure safe operations by not allowing any PIC to operate the DJI 

Phantom 3/Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom 3/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. 22 The equivalent level of safety established by Section 91.7(a) will be maintained because prior 

to every flight, Edward Payne will ensure that the DJI Phantom 3/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/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 Edward Payne’s 

operation of the DJI Phantom 3/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 UAS 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/Inspire 1 UAS; (2) 

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

Accordingly, Edward Payne will ensure that it will safely operate the battery powered DJI Phantom 

3/Inspire 1 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total 

duration of 23 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

3/Inspire 1 UAS; 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/Inspire 1 UAS 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 23 power. At the critically low battery level, the DJI Phantom 3/Inspire 1 UAS 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, Edward 

Payne submits that the equivalent level of safety with regard to the regulatory maintenance and 

alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b) will be met because Edward Payne will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices 
prescribed in the operating documents (i.e., Edward Payne Aerial Operations Manual, Monthly 

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

Furthermore, Edward Payne will document and maintain all maintenance records for the DJI Phantom 

3/Inspire 1 UAS. Since the DJI Phantom 3/Inspire 1 UAS will be inspected as prescribed by the operating 

documents, Edward Payne will maintain the equivalent level of safety established by Sections 91.405(a), 

91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3/Inspire 1 User Manuals are attached hereto 

as Appendix A and B; a copy of the DJI Phantom 3/Inspire 1 UAS Maintenance LOG is attached hereto as 

Appendix C. Likewise, the exemption sought will not adversely affect safety because Edward Payne will 

use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS 

using th2. Ree 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/Inspire 1 UAS 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. 24 In 

consideration of Edward Payne’s proposed operating limitations, the operating documents, and the 

technical aspects of the DJI Phantom 3/Inspire 1 UAS, Edward Payne submits that safety will not be 

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 7. 

The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, 

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

Phantom 3/Inspire 1 UAS, 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/Inspire 1 UAS, 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/Inspire 1 UAS, 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 25 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 Edward Payne Seeks 

Exemption: Edward Payne seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). A Brief 

Description Of The Nature Of The Exemption Edward Payne Seeks: This exemption will permit Edward 

Payne to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial 

video and photography over certain areas of the United States. • Any Additional Information, Views, Or 

Arguments Available To Support Edward Payne’s Request. This Petition is made pursuant to the FAA 

Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of 

Transportation to determine if certain UAS may operate safely in the NAS. As such, Edward Payne’s 

request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 

11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. As discussed 

in detail above, Edward Payne will operate the DJI Phantom 3/Inspire 1 UAS 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, Edward Payne seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation 

of the DJI Phantom 3/Inspire 1 UAS 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 

Edward Payne to safely, efficiently, and economically operate the DJI Phantom 3/Inspire 1 UAS 

commercially within the NAS. 26 WHEREFORE, in accordance with the Federal Aviation Regulations and 

the FAA Modernization and Reform Act of 2012, Section 333, Edward Payne respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b), and permit Leading Edge to operate the DJI Phantom 3/Inspire 1 UAS commercially for the 

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

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and
are prepared to modify or amend any part of this request to satisfy the need for an equivalent

level of safety. We look forward to working with your office. 

Please contact me at any time if additional information or clarifications are needed.

Sincerely,

Edward Payne.