December 07, 2015

ATTENTION:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12‐140

1200 New Jersey Ave, SE Washington, DC 20590

RE: JASON M WALDEN LTD

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL

REGULATIONS 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 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION

333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112‐95)  

Jason M Walden

Owner / President

Jason M Walden Ltd

8508 Berkley Hall St.

Las Vegas, NV 89131

(702) 328‐7331

jasonmwalden@outlook.com   
UAS 333 Exemption Request  

Jason M Walden Ltd Page 2

GLOSSARY OF ABBREVIATIONS

AGL   Above Ground Level  

AOI   Area of Interest  

ATC   Air Traffic Control  

ATO   Air Traffic Organization  

AV   Aerial Vehicle  

CFR   Code of Federal Regulations  

COA   Certificate of Authorization  

FAA   Federal Aviation Administration  

FAR   Federal Aviation Regulation  

GCS   Ground Control Station  

GPS   Global Positioning System  

LOL   Loss of Link  

NAS   National Airspace System  

NOTAM   Notice to Airman  

PIC   Pilot In Command  

Section 333   FAA Modernization and Reform Act of 2012 (FMRA)  

SO   Safety Observer  

SOP   Standard Operating Procedures  

UA   Unmanned Aircraft  

UAS

USC  

Unmanned Aircraft System

United States Code

VFR   Visual Flight Rules  

VLOS   Visual Line of Site  

VMC   Visual Meteorological Conditions  

VTOL   Vertical Takeoff and Landing  

   
UAS 333 Exemption Request  

Jason M Walden Ltd Page 3

Summary

Jason M Walden Ltd seeks exemption from the requirements of 14 CFR 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), to operate an Unmanned

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This

exemption will permit the petitioner to operate an Unmanned Aircraft System for the commercial

purpose of conducting aerial video and photography of residential and commercial real estate, to

include construction sites and civil landscapes over certain areas of the United States.  

Introduction and Interests

Jason M Walden Ltd is wholly owned by Jason M Walden. Jason M Walden Ltd’s primary business

concern is the marketing of residential and commercial real estate. Jason M Walden is an experienced

career aviation professional holding an Airline Transport Pilot certificate as well as having served as the

119.65(a)(3) Chief Pilot and 119.65(a)(1) Director of Safety for a CFR 121 Air Carrier. Jason M Walden is

also an experienced modeler who has enjoyed the Radio Controlled Aircraft hobby for over a decade.  

All hobby aircraft operations conducted by the petitioner have been in compliance with AC 91‐57.

Additionally Jason M Walden is a member of the Academy of Model Aeronautics which holds the highest

safety standards for member operations.

The objective of Jason M Walden Ltd and its UAS aerial operations is to provide an affordable, high‐

quality production system for a variety of governmental, commercial, public, and residential uses,

specifically targeting:  

• Construction site documentation  

• Appraisal of real estate

• Real estate marketing  

• Economic development  

• Civic landmarks  

To say the petitioner is aware of the safety concerns and has the knowledge and experience to conduct

UAS operations to the highest degree of safety and in the public interest is an understatement.  

Background

Jason M Walden Ltd proposes the use of DJI Phantom Series (current generation is Phantom 3)

Unmanned Aerial Systems pursuant to this petition described herein.  

UAS: DJI Phantom Series

Jason M Walden Ltd seeks an exemption to operate the DJI Phantom Series UAS for compensation or

hire within the NAS. The DJI Phantom UAS is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA)

with a Ground Control Station (GCS) that makes use of an auxiliary device for on‐board visual display.

The DJI Phantom UAS has a maximum gross weight of approximately 2.8 lb. while having a wingspan of

350mm, a maximum speed of approximately 15 m/s and a maximum flying height of 400'. The DJI

Phantom UAS is equipped with four main rotors; driven by Lithium Polymer battery powered electric

motors and has a battery capacity normally allowing for 23 minutes of flight time.  
UAS 333 Exemption Request  

Jason M Walden Ltd Page 4

The DJI Phantom UAS proposed to be operated by Jason M Walden Ltd will be registered in accordance

with 49 USC 44103, Registration of Aircraft, as well as 14 CFR Part 47, Aircraft Registration, and marked

in accordance with 14 CFR Part 45, Identification and Registration Marking.

Basis for Petition

Petitioner, Jason M Walden Ltd, pursuant to the provisions of the Federal Aviation Regulations (14 CFR

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 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14

CFR 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, Jason M Walden Ltd operation of the proposed UAS meets the conditions of

FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 CFR

Part 21, Subpart H.  

Accordingly, Jason M Walden Ltd 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.  

Jason M Walden Ltd submits that the requested relief is proper since an equivalent level of safety will be

ensured. Jason M Walden Ltd will use experienced personnel to perform maintenance, alterations, or

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

manufacturer’s published operating documents.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and

limitations: Pilot in command, is requested by Jason M Walden Ltd to the extent necessary to allow a

Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an appropriate

airman medical certificate, and who has demonstrated, by meeting minimum flight‐hour and currency

requirements, that the PIC is able to safely operate UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.  

Jason M Walden Ltd seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the

UAS cited in this proposal do not require an airworthiness certificate in accordance with 14 CFR Part 21,

Subpart H. As such, Jason M Walden Ltd submits that they will ensure that the UAS is in an airworthy

condition, prior to every flight, by determining that the UAS are in compliance with the manufacturer’s

published operating documents (i.e., User Manual), and that the aircraft is in a condition for safe flight.  

Jason M Walden Ltd also seeks an exemption from the requirements of Section 91.121, entitled

Altimeter Settings, as the proposed UAS will not have a typical barometric altimeter onboard. However,

altitude information of the UAS is provided to the PIC via Global Positioning System (GPS) equipment
UAS 333 Exemption Request  

Jason M Walden Ltd Page 5

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 Jason M Walden Ltd’s operation

of the UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to

Section 91.121.  

Additionally, Jason M Walden Ltd seeks an exemption from the requirements of Section 91.151(b),

entitled Fuel requirements for flight in VFR conditions. The petitioner submits that safety will not be

affected by operation of the UAS during daylight hours in visual meteorological conditions (VMC) under

visual flight rules (VFR), with enough battery power to fly for a duration of over 20 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 CFR 11.81, Jason M Walden Ltd 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:

Jason M Walden

Jason M Walden Ltd

8508 Berkley Hall St.

Las Vegas, NV 89131

702‐328‐7331

jasonmwalden@outlook.com

B. The Specific Sections of 14 CFR From Which Jason M Walden Ltd Seeks Exemption:

• 14 CFR 21;

• 14 CFR 45.23(b);

• 14 CFR 61.113 (a) & (b);

• 14 CFR 91, et seq.;

• 14 CFR 407 (a) (1);

• 14 CFR 409 (a) (2); and,

• 14 CFR 417 (a) & (b).

C. The Extent and Reasoning for Relief Sought by Jason M Walden Ltd:

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 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,

Jason M Walden Ltd submits that an equivalent level of safety will be maintained because no PIC will be

allowed to operate UAS unless that PIC has met certain flight‐hour and currency requirements,
UAS 333 Exemption Request  

Jason M Walden Ltd Page 6

demonstrating ability to safely operate either the UAS including evasive and emergency maneuvers, as

well as maintaining appropriate distances from people, vessels, vehicles and structures.  Further, Jason

M Walden Ltd submits that all flights of the UAS, conducted by the PIC pursuant to the grant of this

Petition: (1) will be incidental to Jason M Walden Ltd’s business; and (2) will not carry passengers or

property for compensation or hire.

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

allow Jason M Walden Ltd to determine that the UAS are in airworthy condition prior to every flight by

ensuring that the UAS is in compliance with the manufacturer’s operating documents.  Jason M Walden

Ltd seeks the requested relief because the UAS do not require an airworthiness certificate in accordance

with 14 CFR Part 21, Subpart H. Therefore, Jason M Walden Ltd will ensure that the UAS are in airworthy

condition based upon compliance with the operating documents and further, determine that the aircraft

are in condition for safe flight, as stated in the conditions and limitations listed in this petition.

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

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), Jason M Walden Ltd seeks the requested relief because

the UAS altimeters 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 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 UAS on the GCS.

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 UAS during daylight hours in visual

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 20 minutes. The

Jason M Walden Ltd seeks the requested relief because without an exemption from Section 91.151(b),

the flight time duration of the battery powered UAS will severely constrain the practicality of any aerial

video or still photo flight operations that Jason M Walden Ltd proposes to conduct pursuant to this

Petition. Significantly, as set forth below, the technical specifications of the UAS, the operating

documents, and the proposed operating limitations, ensure that Jason M Walden Ltd will safely operate

the battery powered 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 20 minutes.   

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, Jason M Walden Ltd requests relief from these Sections because the

proposed UAS do not require airworthiness certificates. The UAS meet the conditions of FMRA Section

333 for operation without an airworthiness certificate. Accordingly, Jason M Walden Ltd will use persons

experienced in UAS operations to perform maintenance, alterations, or preventive maintenance on the

UAS using the methods, techniques, and practices prescribed in the UAS manufacturer’s operating

documents.
UAS 333 Exemption Request  

Jason M Walden Ltd Page 7

D. Why Granting the Request of Jason M Walden Ltd Will Benefit the Public as a Whole:

1) Decreased Congestion of NAS

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 amount of

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

2) Benefit from the Safety and Efficiency of UAS

Conducting aerial acquisitions with 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,

UAS produce no air pollution, and are the most viable environmentally conscious alternative to

the internal combustion engine aircraft that are typically utilized for aerial video and

photography.  By using 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.

3) Benefit to the Economy

In addition to being safe and efficient, UAS are also an economical alternative to using manned

aircraft to conduct similar aerial operations. As such, operation of the UAS will allow Jason M

Walden Ltd, to remain competitive and contribute to economic growth. Operating a battery

powered UAS not only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost. By operating UAS,

companies such can remain competitive and profitable, and therefore, provide greater stability

and contribute to growth.

4) Granting the Exemption Increases Compliance and Improves Perception

It is known that the FAA intends to create rulemaking governing the operation of small UAS for

commercial and personal/hobby reasons.  Granting an exemption such as this early on in the

public acceptance of these types of aircraft and operations increases the culture of compliance

surrounding such operations.  Knowing that a company providing an aerial photography service

is doing so after having been granted permission by the FAA to do so increases the positive

perception of such activities.

Reasons Why Proposed UAS Meet the Conditions of the FAA Modernization and Reform Act of 2012

Section 333

In consideration of the size, weight, speed, and limited operating area associated with the unmanned

aircraft and its operation, Jason M Walden Ltd’s operation of 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.

In seeking this exemption, Jason M Walden Ltd submits that the proposed UAS can operate safely in the

NAS pursuant to FMRA Section 333, as demonstrated by the characteristics of the UAS, the requirement
UAS 333 Exemption Request  

Jason M Walden Ltd Page 8

of a certificated Pilot in Command, and the specific operating limitations.

A. The Specifications of the Proposed UAS Demonstrate Safe Design Characteristics

The proposed 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. The technical

specifications of the proposed UAS are set forth by the User Manual, attached to this request for

exemption.

The UAS may be operated in both manual and global positioning flight modes. A complete description of

the flight and navigational modes of the UAS is provided in the User Manual attached.  When

communication with the UAS from the ground station is lost, the will return to the home position via

GPS, and will descend to the takeoff location and land automatically.

B. Flight Operations of UAS are Limited to Line of Sight with the Oversight of a Certificated Pilot in

Command

Jason M Walden Ltd will only utilize a Certificated Pilot holding at least a Private Pilot certificate with

appropriate Medical Certificate to act as Pilot in Command (PIC) supervising UAS operations.  A Safety

Observer (SO) will also be available to assist at all times during flight.

C. Operating Limitations for the Proposed UAS Operations

• All aircraft will be made with a UA Gross weight of less than 55 pounds.

• UAS flights will be made under this exemption only for the business of aerial video and

photography.

• All flights will occur at or below 400 feet AGL and

o 5 nautical miles from an airport having an operational control tower; or

o 3 NM from an airport with a published instrument flight procedure, but not an

operational tower; or

o 2 NM from an airport without a published instrument flight procedure or an operation

tower; or

o 2 NM from a heliport with a published instrument flight procedure.

o Exceptions may not be made to these distance requirements unless a letter of

agreement with that airport’s management is obtained, and the operation is conducted

in accordance with a NOTAM as required. The letter of agreement with the airport

management must be made available to the Administrator upon request.

• 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.

• Maximum total flight time for each operational flight will be 20 minutes.  

• 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.
UAS 333 Exemption Request  

Jason M Walden Ltd Page 9

• Pre‐flight briefings are required between the PIC and the SO and the PIC and SO must be able to

verbally communicate during each flight operation.

• UAS will remain within Visual Line of Sight of the PIC and SO.

• Use of First Person View (FPV) for the sole means of aircraft control and navigation is prohibited.

• Prior to each UAS operation the PIC shall inspect the UAS to determine it is in condition for safe

flight.  If a discrepancy is noted the UAS is prohibited from flight until such a time the

discrepancy is corrected by the performance of necessary maintenance.  Jason M Walden Ltd is

responsible for maintaining the UAS in a condition for safe operation.

• UAS operations are conducted only in Visual Meteorological Conditions (VMC) and in

compliance with associated visibility and cloud clearance requirements.

• UAS operations are not conducted at night as defined by 14 CFR 1.1.

• All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 CFR 47, and have identification (N‐Number) markings in

accordance with 14 CFR 45, Subpart C. Markings must be as large as practicable.

• The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

• 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:

o 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;

o 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;

o Operations nearer to the PIC, SO, operator trainees or essential persons do not present

an undue hazard to those persons per 91.119(a).

• All operations shall be conducted over private or controlled‐access property with permission

from the land owner/controller or authorized representative.  

• Any exemption issued as well as all UAS Operating Manuals 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.

• 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 prior to conducting further operations under this exemption. Functional test flights may

only be conducted by a PIC with a SO and must remain at least 500 feet from other people. The

functional test flight must be conducted in such a manner so as to not pose an undue hazard to

persons and property.

• 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.
UAS 333 Exemption Request  

Jason M Walden Ltd Page 10

Reason Why an Exemption from the Requirements of 61.113(a,b) Will Not Adversely Affect Safety

Jason M Walden Ltd submits that the equivalent level of safety established by Section 61.113(a,b) will be

maintained because no PIC will be allowed to oversee the operations of the UAS unless that PIC has

demonstrated that the PIC is able to safely operate the UAS in a manner consistent with the exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

Considering Jason M Walden Ltd’s proposed operations, and the operating limitations set forth; the

parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot

requirements; and the airmanship skills necessary to safely operate the UAS, Jason M Walden Ltd

submits that the additional manned airmanship experience of a commercially certificated pilot would

not correlate to the airmanship skills necessary for the proposed flight operations.

For purposes of operation under this exemption the PIC must have accumulated and logged:

• 25 hours total in UAS multi‐rotor operations

• 5 hours operating the specific make and model UAS to be utilized, and

• 3 landings within the previous 90 days.

Reason Why an Exemption from the Requirements of 91.7(a) Will Not Adversely Affect Safety

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, Jason M Walden Ltd will ensure that the 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.

Reason Why an Exemption from the Requirements of 91.121 Will Not Adversely Affect Safety

The equivalent level of safety established by Section 91.121 will be maintained because the altitude

information of the UAS will be provided to the PIC via GPS equipment and a radio communications

telemetry data link, which downlinks from the UAS to the GCS for active monitoring of the flight path

and altitude. This altitude information, combined with operation of the 3 UAS within visual line of sight,

at or below 400 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.

Reason Why an Exemption from the Requirements of 91.151(b) Will Not Adversely Affect Safety

A grant of this exemption would ensure an equivalent level of safety established by 91.151(b) as a result

of (1) the technical specifications of the 3 UAS; (2) the limitations on the proposed flight operations; and

(3) the location of the proposed flight operations. Accordingly, Jason M Walden Ltd will ensure that it

will safely operate the battery powered UAS during daylight hours in VFR conditions, with enough

battery power to fly for a total duration of 20 minutes.

The technical characteristics and operating limitations of the proposed UAS considered; safety is not

adversely affected through grant of this exemption.

Reason Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) &
UAS 333 Exemption Request  

Jason M Walden Ltd Page 11

(a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety

In seeking this exemption, Jason M Walden Ltd submits that the equivalent level of safety with regard to

the regulatory maintenance and alteration requirements and required inspections 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 Jason M

Walden Ltd will perform maintenance, alterations, or preventive maintenance on the UAS using the

methods, techniques, and practices prescribed in the manufacturer’s operating documents.

The technical characteristics and operating limitations of the proposed UAS considered; safety is not

adversely affected through grant of this exemption.

In consideration of Jason M Walden Ltd’s proposed operating limitations, the manufacturer’s operating

documents, and the technical aspects of the UAS, Jason M Walden Ltd submits that safety will not be

adversely affected by granting exemption from Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2),

and 91.417(a) and (b). Additionally the FAA has previously granted relief specific to UAS in circumstances

similar, in all material respects, to those presented herein.

The Federal Aviation Administration 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 CFR

21.16 entitled Special Conditions, Jason M Walden Ltd requests that the FAA prescribe special

conditions for the intended operation of the proposed UAS, which contain such safety standards that

the Administrator finds necessary to establish a level of safety equivalent to that established by 14 CFR

Part 21, Subpart H, and 14 CFR 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 CFR 21.16, for operation of

the proposed UAS, since the airworthiness regulations of 14 CFR 21 do not contain adequate or

appropriate safety standards, due to the novel or unusual design features of the aircraft.  CFR 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.

Therefore, in accordance with FMRA Section 333 and 14 CFR 21.16, the FAA may prescribe special

conditions for Jason M Walden Ltd’s intended operation of the UAS, which contain such safety standards

that the Administrator finds necessary to establish a level of safety equivalent to that established by 14

CFR Part 21, Subpart H, and 14 CFR Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),
UAS 333 Exemption Request  

Jason M Walden Ltd Page 12

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Summary that can be Published in the Federal Register stating the Rules from Which Jason M Walden

Ltd seeks Exemption

Jason M Walden Ltd 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 Jason M Walden Ltd Seeks

This exemption will permit Jason M Walden Ltd to commercially operate an Unmanned Aircraft System

(UAS) for the purpose of conducting aerial video and photography over certain areas of the United

States.

Additional Information, Views, or Arguments Available to Support this Request for Exemption

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, Jason M Walden Ltd’s request for exemption may be granted

pursuant to the authority of FMRA Section 333 and 14 CFR 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 poses a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification.

  

As discussed in detail herein, Jason M Walden Ltd will operate the proposed 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.

   
UAS 333 Exemption Request  

Jason M Walden Ltd Page 13

Conclusion

As set forth herein, Jason M Walden Ltd seeks an exemption pursuant to 14 CFR 11.61 and Section 333

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

herein proposed 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 Jason M Walden

Ltd to safely, efficiently, and economically operate UAS commercially within the NAS.  

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform

Act of 2012, Section 333, Jason M Walden Ltd respectfully requests that the Administrator grant this

Petition for an exemption from the requirements of 14 CFR 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 Jason M

Walden Ltd to operate the proposed UAS commercially for the purpose of conducting aerial video and

photography over certain areas of the United States.  

Dated: December 07, 2015  

Respectfully submitted,

Jason M Walden

Owner / President

Jason M Walden Ltd

8508 Berkley Hall St.

Las Vegas, NV 89131

702‐328‐7331

jasonmwalden@outlook.com

Appendices:

DJI Phantom 3 Operating Manual and Documents

Direct download link:

http://www.dji.com/product/phantom‐3‐pro/info#downloads