U.S. Department of Transportation 

Docket Management System 

1 200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption request seeking relief from the requirements of Title 14 of the code of Federal 

Aviation Regulations: Part 21Subpart H; 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.119; 91.121; 

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

concerning commercial operation of an Unmanned Aircraft Systems-Pursuant to Section 333 of the 

Federal Aviation Administration ("FAA") Modernization and Reform Act of 2012. 

To Whom It May Concern, 

I, Marcus B. Walter, am a small business owner In the state of Tennessee who has extensive 

experience in photography and vldeography, utilizing an array of camera and video equipment. 

I have now added a DJI Phantom 3 Professional, an Unmanned Aircraft System (UAS) to my 

Inventory. 

As an owner and operator of an UAS, am writing pursuant to the FAA Modernization and Reform 

Act of 2012 and requirements of 14 C.F.R. 11, to request exemption from the Federal Aviation 

Regulations and operate my DJI Phantom 3 Professional commercially, conducting aerial video 

and photography within airspace regulated by the FAA for hire or compensation. 

My DJI Phantom 3 Professional is equipped with a camera that can record up to ~K and capture 

1 2 megaplxel photos with a fully stabilized 3-axis gimbal. It has a vertical takeoff and landing 

{VTOL) with a Ground Control Station (GCS) that can be utilized with an electronic tablet or smart 

phone systems. Its gross weight (including battery and propellers is 2.82 lbs. Its diagonal size 

(including propellers) is 590mm. It has a maximum ascent speed of 5m/s, a maximum descent 

speed of 3m/s with maximum speed of 16m/s. 

The DJI Phantom 3 Professional Is equipped with four main rotors; powered by a Lithium Polymer 

battery and has a fully Integrated, Intelligent system that helps you fly (Vision Positioning 

Technology). It is equipped with a GPS and auto-return home safety mechanism. 

The DJI Phantom 3 Professional will be registered in accordance with 49 U.S.C. 441 03, 

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. 
Cordova, TN 38016 

(901 )270-9821 

Email: marcus walter61 @yahoo.com 

B. The Specific Sections of Title 14 of the Code of Federal Regulations from Which, I Marcus B. 

Walter Seek Exemption are: 

1. I, Marcus B. Walter seek exemption from the requirements of Part 21 Subpart H. 

Part 21, entitled Certification procedures for products and parts, Subpart H-Airworthiness 

Certificates. 

2. I, Marcus B. Walter seek exemption from the requirements of section 61.113(a) & (b). 

Section 61.11 3, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b): 

(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. 

3. I, Marcus B. Walter seek exemption from the requirements of section 91.7(a) 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) No person may operate a civil 

aircraft unless It is in an airworthy condition 

4. I, Marcus B. Walter seek exemption from the requirements of section 91.9(b)(2) 

Section 91.9, entitled Civil aircraft flight manual, marking, and placard requirements, subsection 

{b) (2) requires an aircraft flight manual in the aircraft 

5. I, Marcus B. Walter seek exemption from the requirements of section 91.119 

Section 91.119, entitled Minimum safe altitudes: General: 

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

(a) Anywhere. An altitude allowing, if a power unit falls, an emergency landing without undue 

hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any 

open air assembly of persons, an altitude of 1 ,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. 

(c) Over other than congested areas. 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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation Is 

conducted without hazard to persons or property on the surface-
(a) Each person operating an aircraft shall ma

g 

g

aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(!) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within I 00 nautical 

miles ofthe aircraft; 

(ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) ofthis 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. 

7. I, Marcus B. Walter seek exemption from the requirements of section 91.151 (b) 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b): 

(b) No person may begin a flight In a rotorcroft 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. 

8. I, Marcus B. Walter seek exemption from the requirements of section 91.203(a) & (b) 

Section 91.203, entitled Civil aircraft: Certifications required, subsections (a) & (b): 

(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. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197(c) of this chapter, appropriate 

sections of the air carrier manual required by ports 1 21 and 1 35 of this chapter containing 

that portion of the operations specifications Issued under §21.197(c), or on authorization 

under §91.611) must hove on It the registration number assigned to the aircraft under port 47 

of this chapter. However, the airworthiness certificate need not hove on It on assigned special 

identification number before 1 0 days after that number Is first affixed to the aircraft. A 

revised airworthiness certificate having on It on assigned special Identification number, that 

has been affixed to on aircraft, may only be obtained upon application to on FAA Flight 

Standards district office. 

(2) An effective U.S. registration certificate Issued to Its owner or, for operation within the 

United States, the second copy of the Aircraft registration Application as provided for in 

§47.31 (c), or a registration certification Issued under the Jaws of a foreign country. 

(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. 

9. I, Marcus B. Walter seek exemption from the requirements of section 91.405(a) 

Section 91.405, entitled Maintenance required, subsection (a): 

Each owner or operator of on oircroft-

(a)Sholl hove that aircraft Inspected as prescribed In subpart E of this port and shall 

between required Inspections, except as provided In paragraph (c) of this section, have 

discrepancies repaired as prescribed in port 43 of this chapter. 

10. I, Marcus B. Walter seek exemption from the requirements of section 91.407(a) (1) 

Section 9 I .407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 
(a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, 

within the preceding 1 2 calendar months, it has had -

(1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for 

return to service by a person authorized by§ 43.7 ofthis chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

_tl)is chapter. 

12. I, Marcus B. Walter seek exemption from the requirements of section 91:417{aTBI(b)·--· 

Section 91 .417, entitled Maintenance records, subsections (a) and (b): 

(a) Except for work perfonned 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: 

(I) 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-- 11 (i) A description (or reference to data acceptable to the 

Administrator) ofthe work perfonned; and 

(ii) The date of completion ofthe work perfonned; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following infonnation: 

(i) The total time in service ofthe 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 ofthe 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 fonns prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)( I) ofthis section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is perfonned. 
C.F.R. 

2. The Reform Act details the guidelines for determining the types of UAS that may operate 

safely In our National Airspace System. Due to the speed, weight, size, and limited 

operating range of the DJI Phantom 3 Professional, my 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. 

3. I, Marcus B. Walter, request relief from requirements of Section 61.113(a) and (b): Private 

pilot privileges and limitations: Pilot In command. Private pilots are limited to noncommercial operations, whereby carrying passengers or property Is not allowed. Being 

that my UAS does not accommodate for carrying passengers or property, thus operating It 

carries far less risk than private and commercial flights. 

4. I, Marcus B. Walter seek relief from Section 91.7(a), Civil aircraft airworthiness. The 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart HIs not applicable 

for the DJI Phantom 3 Professional. However, I will ensure that It Is In airworthy condition, 

prior to every flight, by being In compliance with the operating documents, such as the 

monthly maintenance log, and Instruction manual. 

5. I, Marcus B. Walter, seek an exemption from Section 91.9 (b) (2) requires an aircraft 

flight manual In the aircraft. Given the size of the DJI Phantom 3 Professional which does 

not accommodate for pilots or passengers, this Regulation Is Inapplicable. However, as 

the pilot of my UAS, I will ensure an equivalent level of safety by maintaining a 

safety /flight manual delineating areas of where safety can be defined. 

The FAA has previously Issued exemptions to this regulation in Exemption Nos. 8607, 

8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602, 10700,32827and 

many others. 

6. Furthermore, I, Marcus B. Walter, seek an exemption from Section 91.119, Minimum Safe 

Altitudes. Operation of my UAS will always be well within the 400 foot allowed by the 

FAA Modernization and Reform Act of 2012). 

Additionally, the DJI Phantom 3 Professional also has a unique Beginner Mode that helps 

you learn how to fly In a safe, limited area. In practice, I have set my UAS to fly only 

within a given distance and altitudes from me, making It automatically stay Inside limits. 

These exercises also provide me with the training needed to operate my UAS, making it 

safer to fly with these learned controls. 

7. I, Marcus B. Walter, seek an exemption from Section 91.121, Altimeter Settings. The 

altimeter settings are not applicable to the DJI Phantom 3 Professional as It comes 
flight in VFR conditions. Operation of my UAS does not require fuel. It is powered by a 

Lithium Polymer battery. Safety will not be impacted with the operation of my UAS as its 

built in technology provides visual warnings to the GCS when It experiences low battery 

voltage. At the critically low battery level, the DJI Phantom 3 Professional will descend 

and land automatically. 

···-------As -the pilot of my. UAs;Tensuretllere· ·Is ·ctfresh fully chargeaoatfery wtth each fllghras-a -

safety precaution and take every measure to ensure I only operate It at or below 

manufacture recommend minimum charge levels for operation; full flight time limit for each 

battery is up to twenty-three (23) minutes. I will safely operate the battery powered DJI 

Phantom 3 Professional during daylight hours In visual meteorological conditions (VMC), 

under visual flight rules (VFR). 

9. I, Marcus B. Walter, seek an exemption from Section 91.203(a) & (b) provides for 

carrying of civil aircraft certifications and registrations. Because my UAS will not require 

an airworthiness certificate in accordance with 14 C.F .R. Part 21. Subpart H, 91.203( a) & 

(b) are inapplicable for the same reasoning. However, an equivalent level of safety will 

be achieved by maintaining any such required certifications and registrations. 

10. Additionally, I, Marcus B. Walter, request 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 the requirements 

for maintenance Items that only apply to aircraft with an airworthiness certificate which Is 

not required for my UAS, DJI Phantom 3 Professional, due to Its speed, weight, size, and 

limited operating range. 

However, as safety is of the upmost Importance to me, I will ensure the DJI Phantom 3 

Professional is carefully inspected and maintained in accordance with the methods, 

techniques, and practices outlined In the operating documents and Instruction manual. 

Furthermore, its Ground Control Station and DJI Llghtbridge Image transmission technology 

gives me live viewing capability, allowing me to see surroundings while In flight and the 

ability to send control commands from any direction to the UAS. Its relative small size 

makes it easy to maneuver. Therefore, maintaining distances from people, vehicles, 

buildings, and other air craft can easily be accomplished. 

For reasons stated above, as the pilot of my UAS, I can meet and exceed the safety levels 

achieved by current Regulations. 
harmful to the environment. 

Furthermore, the likelihood of it crashing is far less than a helicopter or other aircraft alike, thus 

increasing the safety of life and property In both the air and on the ground. 

E. Reasons Why Marcus B. Walter's Will Not Adversely Affect Safety 

Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing 

Rule: 

My, Marcus B. Walter's, exemption will not adversely affect safety as my safety protocols 

provide a level of safety equal to or exceeding existing rules. I perform extensive pre-flight 

inspections and only operate In reasonably safe and controlled environments and away from 

power lines, airports and densely populated areas: I always remain conscious of the battery 

level with my UAS and land It prior to manufacturer recommended minimum level of battery 

power. 

I pilot my UAS through remote control only by visual line of sight (VLOS). I only operate my UAS 

well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 

2012. 

Considering the DJI Phantom 3 Professional's size, weight, speed, and operational capability, It 

does not create a hazard to the public. Due to Its small size and extreme maneuverability, I can 

remotely pilot away from and avoid hazards quickly and safely. 

My UAS has a failsafe mode that Is activated when the Control Link Is lost. It will hover In flight 

for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional does not reacquire 

control link data from the GCS, it will assume that the Control Link is lost and the UAS will return 

to the home position via GPS, and will descend to the takeoff position and shutdown. 

In further seeking this exemption, I, Marcus B. Walter, 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)(l ), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) will be met because I will 

perform maintenance, alterations, or preventive maintenance on the DJI Phantom 3 Professional 

using the methods, techniques, and practices prescribed In the operating documents (i.e., the 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction 

Manual. 
Brief Description of the Exemption: 

This exemption will permit, I, Marcus B. Walter, to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography for hire or 

compensation. 

Aerial videography and photography has been around for quite some time through use of 

helicopters and other alrcrafts alike, however, for small businesses as me, It has been costprohibitive. Granting this exemption will allow me to provide services at a more cost effective 

rate, this helping to stlmul~te the local economy. 

Operations of my UAS pose no potential risk to the public. It's battery powered, small in size, 

thus not accommodating passengers or property onboard which makes It more safe to operate 

and easier to maneuver. This helps to avoid hazardous situations more readily. 

It has technology that allows for safety controls with warning alerts and a failsafe mode that 

allows for safe return home, If It loses connectivity with the GPS. All stated, It reduces the risk 

exposure In both air and ground. 

In summary, I, Marcus B. Walter, seek 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 DJJ Phantom 3 commercially for the purpose of conducting aerial video and photography 

and other opportunities which may present Itself. 

Therefore, In accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, I, Marcus B. Walter, request that the Administrator 

grant this Petition for an exemption from: 14 C.F.R Sections 14 C.F.R. 21, subpart H; 14 C.F.R 

61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b)(2); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 

14 C.F.R. 91.151(b); 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 91.405 (a); 14 C.F.R. 91.407 (a)(1); 

14 C.F.R. 91.409 (a)( 1); 14 C.F.R. 

91.409 (a) (2); and, 14 C.F.R. 91.417 (a) & (b) to safely, efficiently, and economically operate 

the DJI Phantom 3 Professional within the NAS. 

1[:~ -l 

Marcus B. Walter,6ner/Operator 

d.b.a. Drone Memphis 

1697 Belledeer Dr. West 

Cordova, TN 38016