July 20, 201 5 U.S. Department
of Transportation Docket Management System 1 200 New Jersey Ave, SE Washington, DC 20590 

### PETITION FOR EXEMPTION 

### Marcus B. Walter dba Drone Memphis 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.In accordance with 14 C.F.R.


### § 11.81,

I, Marcus
B. Walter, provide the following Information

In support of my petition for exemption: 

### 14 Name and Address of Petitioner Marcus
B. Walter dba DroneMemphis 1697 Belledeer Dr. West 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-(1) A helicopter may be operated at less than the minimums prescribed

In paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute
or weight-shift-control aircraft may be operated
at less than the minimums prescribed

in paragraph (c) of this section. 

### 6. I, Marcus B. Walter seek exemption from the requirements

of section 91.121 Section 91.121, entitled Altimeter seffings, subsection (a): 

### (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-- (!) 

### 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

### alteration, subsection (a){l ): (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 ofthis chapter. 11. I, Marcus B. Walter seek exemption from the requirements

of section 91.409(a) (1) 

### & (a) (2) 

### Section 91.409, entitled 

### Inspections, subsection (a): (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. Extent of relief, Marcus B. Walter seeks and the Reason He seeks such Relief: 1. I, Marcus
B. Walter, am submitting this request
in accordance with the Federal Aviation Regulations

( 14 C.F.R. 11) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, to the Administrator

to commercially operate my DJI Phantom

3 Professional in the National Airspace System and for exemption from certain requirements
of Title 14 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 tononcommercial 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

### equipped with a barometric pressure sensor and Global Positioning System. However, because

it is equipped with a barometric pressure sensor and Global Positioning System, an equivalent level of safety can be maintained
as this technology automatically ensures that a ground level pressure setting will be established prior to each flight, and provides altitude Information
on the display of the GCS. 8. I, Marcus
B. Walter, seek an exemption from Section 91.151(b), Fuel requirements for 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. ···-------

A s - 

# the pilot of 

# my . U As;Te

n suret

ll ere

· · Is 

# · ct fr es h 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.

### D. How Marcus B. Walter's Request Will Benefit the Public as a Whole: Granting this request will benefit the public as a while, by allowing,

I, Marcus
B. Walter to provide

a more cost effective way for small businesses,
as myself to compete

In the marketing space for aerial videography and photography, typically done with the use of helicopters
or other aircraft alike, only afforded by big companies. My exemption will contribute
to growth of the U.S. economy

In this manner.



### It will further benefit the public as my UAS is battery powered and does not use combustible fuel, thus alleviating the risk of releasing emissions that can be 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.F. A Summary the FAA May Publish in the Federal Register: I, Marcus
B. Walter, seek exemption from the requirements

of Title 14 of the code of Federal Aviation Regulations: Part 21Subpart
H; 45

. 23(b); 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) 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 beencostprohibitive. 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