Page 1 of 8 Section 333 Exemption Request |John Walrond August10, 2015

John Walrond 

1142B Chenault Lane 

Castalian Springs, TN 37031-4737

August 10, 2015

United States Department of Transportation Docket Management System 

1200 New Jersey Avenue S.E. 

Washington, DC 20590

Re: 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)(2); and 14 CFR 91.417(a) and (b).

Dear Sir or Madam:

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

CFR Part 11, John Walrond, operator of an Unmanned Aircraft System (UAS), hereby applies 

for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of his UAS, so long as 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 a UAS, as described herein, which are equipped with 

camera(s) and sensors, would operate in the following manner:

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 photography and/or video for public and/or private use including television, public 

events, cinematography and news gathering. 

3. Aerial inspections/photography of residential/commercial structures under contract with 

the owners or local government authority. 

4. Aerial inspections/photography of residential/commercial utility infrastructure including 

but not limited to electrical power lines, wind turbines and cell towers. 

5. Aerial photography and/or video, 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. The ability to offer training to persons individually or belonging to both private and/or 

public organizations that have interests in the use and application of a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of persons or property.
Page 2 of 8 Section 333 Exemption Request |John Walrond August10, 2015

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be 1) limited; 2) controlled; 3) predetermined; 

and 4) will provide safety enhancements to the already safe operations in the industry presently 

using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 

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.”

The name and address of the Applicant is:

John Walrond ATP #2771610

Address: 1142B Chenault Lane Castalian Springs, TN 37031-4767 

Phone: (615)631-2093 

Email: higherviewphoto@gmail.com

Regulations from which the exemption is requested:

• 4 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)(2)

• 14 CFR 91.417(a) and (b)

John Walrond will operate the DJI Inspire 1, Model T600, with a total weight of 2,935 

grams (6.47 pounds). The dimensions are 438mm x 451mm x 301mm (17.24 inches x 17.75 

inches x 11.85 inches). Under still air the maximum speed is no more than 22m/s (49 mph) with 

a cruising speed of 11m/s (25 mph). The DJI Inspire 1 has the ability to hover and move along a 

vertical and horizontal plane simultaneously. The DJI Inspire 1 has four motors, Motor Model 

DJI 3510, power by a 6-cell 4500mAh or 5700mAh Lithium Polymer battery. There are four 

propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 will be controlled with the C1 

remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live video feed will 

have an operating frequency of 5.728GHz – 5.850GHz. The Applicant will operate the UAS in 

line of sight within a closed off and predetermined area owned and operated by the property 

representative.

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest. 
Page 3 of 8 Section 333 Exemption Request |John Walrond August10, 2015

Accordingly the Applicant requests that the FAA grant the requested exemption with minimum 

delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft.

These limitations and conditions to which the Applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include:

1. The UAS will weigh less than 55 lbs. 

2. The UAS will have a maximum operating speed of no more than 50 mph. 

3. Flight will be operated within line of sight of the Pilot in Command (PIC) or Visual 

Observer(VO). 

4. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned. 

6. Minimum crew for each operation will consist of the UAS Pilot (PIC), the Visual Observer 

(VO) and may include but not require a Camera Operator (CO). 

7. The UAS Pilot will be a designated Pilot in Command (PIC) and hold a Private Pilot’s 

License along with a Third Class or higher Medical Certificate. If the PIC feels another 

operator to be qualified with the necessary skills to be PIC and possess a Private Pilot’s 

License along with a Third Class or higher Medical Certificate, that person may be 

designated PIC provided they have a minimum of 20 hours of flight time with an identical 

model UAS. 

8. A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of all the days’ production activities.

9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

10. The flights will occur no closer than a 5 mile radius of the geographical center/Airport 

Reference Point (ARP) of a tower-controlled or uncontrolled airport.

11. If operations will be within a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower-controlled or uncontrolled airport, the respective airports will be 

contacted advising them of the estimated flight time, flight duration, elevation of flight 

and other pertinent information. 

12. The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, within the appropriate local Flight Standards District Office 

(FSDO) no more than 72 hours but no less than 48 hours from the planned operation. 
Page 4 of 8 Section 333 Exemption Request |John Walrond August10, 2015

13. The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety determination. With the advance permission of the FSDO, operations at 

closer range may be approved.

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated. 

15. The PIC and VO will be able to communicate by voice or two-way radio at all times. 16. 

Written and/or verbal permission and permits will be obtained from territorial, state, 

country or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies. 

16. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a designated 

location and land autonomously. 

17. The UAS will have the capability to abort a flight in case of unpredictable obstacles, 

weather or emergencies.

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a)(1)

Subpart H, entitled the Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). 

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level 

of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. 

§44701(f) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular UAS. In all 

cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be 

at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a 

pilot nor passenger, carries no explosives materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. These safety enhancement provide a greater degree of safety 

to the public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 CFR Par 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.
Page 5 of 8 Section 333 Exemption Request |John Walrond August10, 2015

14 CFR §25.23(b) Marking of the Aircraft

The regulation requires:

When marks include only the Roman letter “N” and the registration number on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the 

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

station, in letters not less than two inches nor more than six 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 entrances to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the UAS, 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 UAS marked on its fuselage 

as required by §45.29(f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.”

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR 61.113 (a) and (b), no person who holds a Private Pilot Certificate 

may act as Pilot in Command of an aircraft that is carrying passengers or property for 

compensation or hire. The Applicant may achieve an equivalent level of safety as achieved by 

current Regulations because the Applicant’s UAS do not carry any pilots, passengers or 

property. The risks attendant to the operation of UAS is far less than the risk levels inherent in 

the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Private Pilot’s 

License along with a current Third Class or higher Medical Certificate exceeding the current 

safety levels in relation to 14 CFR 61.113 (a) and (b). Applicant believes that the operation and 

limitations set forth in the FOM will equate to the safe operation of the UAS.

14 CFR §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, for maintenance and use of safety checklists prior to each flight an 

equivalent level of safety will be provided.

14 CFR §91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides: No person may operate a US-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 UAS, 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 UAS will have immediate access to 

it.
Page 6 of 8 Section 333 Exemption Request |John Walrond August10, 2015

14 CFR §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. The PIC will take all actions as stated in the FOM.

14 CFR §91.109: Flight Instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned 

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

controls. UAS 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. The equivalent level of safety is provided by the fact that neither a pilot nor 

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

14 CFR §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) 

allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a UAS that is a helicopter, and the exemption requests authority to 

operate at altitudes up to 400’ AGL, or not more than 200’ above an elevated platform from 

which filming is planned, an exemption may be needed to allow such operations. As set forth 

herein, the UAS will never operate at higher than 400’ AGL with the exception that in 

circumstances where the UAS is used to survey or photograph a structure whose height 

exceeds 400’ AGL, the UAS will not be operated more than 200 feet above the highest point on 

the structure. It will, however, be operated in a restricted area with security perimeter, where 

buildings and people will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight and speed of the 

UAS as well as location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55 pounds proposed herein and the absence of flammable liquid fuel, any risk 

associated with the operations if far less than those presented with conventional aircraft 

operating below 500’ AGL. In addition, the low-altitude operations of the UAS will ensure 

separation between these UAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

14 CFR §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety 
Page 7 of 8 Section 333 Exemption Request |John Walrond August10, 2015

will be achieved by the operator, pursuant to the safety checklist and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR §91.151(a) Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “...a flight in an airplane under 

VFR conditions unless (considering and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruise speed – (1) During the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirements in 14 CFR 91.151, UAS flights would be limited to less 

than 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the 

location of its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable.

The Applicant believes that an exemption from 14 CFR 91.151 falls within the scope of 

prior exemptions. Operating the UAS, in a tightly-controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting flight to 10 

minutes would greatly reduce the utility for which the exemption would be granted. The 

Applicant believes that an equivalent level of safety can be achieved by limiting flight to 30 

minutes or 25% of battery power – whichever happens first. This restriction would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area.

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certificates 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 pounds and is operated without an 

onboard pilot. As such, there is no ability to place or carry certification and registration 

documents or to display them on the UAS.

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

control point where the pilot flying the UAS will have immediate access to them, to the extent 

that they are applicable to the UAS.

14 CFR §91.405(a); 407(a)(1); 409(a)(2); 417(a) and (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “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...,” and others shall inspect or maintain the aircraft in compliance with Part 43.
Page 8 of 8 Section 333 Exemption Request |John Walrond August10, 2015

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by 

the operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because the UAS is very limited in size and will carry a small payload and 

operates only in restricted areas for a limited period of time. If mechanical issues arise the UAS 

can land immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the UAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS manufacturer’s user manual. As provided in the FOM, 

the operator will ensure that the UAS is in working order prior to initializing flight, and perform 

required maintenance as needed. If maintenance is required that exceed the abilities of the 

Applicant, it will be sent to the manufacturer or an authorized repair station for repair as needed.

Additional Information

The Applicant, John Walrond, has been involved in operating remote controlled aircraft 

since 2013. Also, the primary pilot, John Walrond, is an FAA licensed ATP pilot holding single 

and multi-engine land ratings with instrument privileges, and a First Class Medical certificate.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 provide 

more than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the Applicant’s UAS.

Sincerely,

John Walrond

ENCLOSURES:

DJI Inspire 1 User Manual 

Flight Operations Manual (FOM)

Maintenance & Inspection Manual