**August 11, 2015**

**Dennis Virgil Walter Dennis Virgil Walter, Jr.** 

**41 Dick Street Duncansville, PA 16635**  **(814) 329-0607 (814) 931-0780**  **dvwalter0323@gmail.com dwalterjr@gmail.com** 

**U.S. Department of Transportation, Docket Operation s**  **West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE**  **Washington, DC 20590**

RE: Exemption Request – Section 333 of the FAA Mode rnization and Reform Act of 2012

**Attachments: 1)**  **Phantom 3 Professional User Manual v1.2 2)**  **Phantom 3 Safety Guidelines and Disclaimer v1.0**

**Dear Sir or Madam,**

**The purpose of this letter to you today is to petit ion the Federal Aviation Administration for an**  **exemption from certain Federal Aviation Regulations in order for Dennis Virgil Walter and/or**  **Dennis Virgil Walter, Jr. to operate an Unmanned Ae rial System (UAS) to perform commercial**  **aerial video and photography services. We would li ke to utilize a UAS to enhance the**  **documentation and marketing of construction project sites, real estate, agricultural land, and**  **other landscape sites over areas in the United Stat es.** 

**In accordance with the FAA’s Guidelines for Submitt ing a Petition for Exemption under Section** 

**333 of the FAA Modernization and Reform Act of 2012 , We, Dennis Virgil Walter and Dennis**  **Virgil Walter, Jr. are submitting the following inf ormation with our request:** 

**Petitioner(s): Dennis Virgil Walter**  **Dennis Virgil Walter, Jr.**

**41 Dick Street Duncansville, PA 16635**  **(814) 329-0607 (814) 931-0780**  **dvwalter0323@gmail.com dwalterjr@gmail.com** Description of Operations:

A. The UAS that is subject of this Petition: **1) DJI Phantom 3 Professional** 

**Dennis Virgil Walter and Dennis Virgil Walter, Jr. currently own a DJI Phantom 3 Professional**  **including the DJI factory mounted camera, the assoc iated remote control unit, and DJI Vision**  **app for iPhone and iPad. The application provides a real time first person view from the UAS**  **mounted camera. The unit is a quad-copter with an advertised weight of 1280 grams including**  **battery and propellers.**

**Prior exemptions have been issued by the FAA for si milar units. Example exemptions include:**  **Brian M. Walk / Unmanned Aerial Solutions, Exemptio n No. 11445, Regulatory Docket No.**  **FAA-2015-0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA-2015-**  **0201; Mark Wolf, Steve Tippmann / Tippmann Construc tion, Exemption No. 12170, Regulatory** 

**Docket No. FAA-2015-1701.**

**The remote control unit utilizes an operating frequ ency of 2.400 GHz – 2.483 GH. The** 

**maximum communication distance between the remote c ontrol unit and the DJI Phantom 3 is** 

**2000 meters.**

**The UAS is also equipped with a fail-safe return to home function in the event of loss in the link** 

**between the aircraft and the remote control unit on the ground. The UAS can operate for**  **approximately 23 minutes on a fully charged battery**

**.**

B. The UAS Pilot(s) in Command:

**Dennis Virgil Walter and Dennis Virgil Walter, Jr. are the only pilots to be in command of this**  **aircraft. Both are experienced operators of the DJ I Phantom 3 Professional quad-copter and**  **always follow the manufacturer’s guidelines for saf e flight and maintenance of the unit.** 

C. UAS Operating Parameters and Intended Flight Profil e:

**Dennis Virgil Walter and Dennis Virgil Walter, Jr. are both committed to operating the UAS**  **with safety as a top priority.**

The following UAS Operating Procedures will be foll owed each time the UAS is flown: **1) All flights to be flown under 300 feet and within a**  **radius distance of 800 feet from the remote control ground unit.**  **2) The Pilot-In-Command will have direct line of sight**  **visual observation of the UAS at all times and will operate the UAS only within dire**  **ct line of sight. 3)**  **There will be times when the UAS is flown in close proximity of a property structure**  **or building under construction. When the UAS is wi thin 25 feet of a structure or**  **building, the UAS will be operated at speeds less t han 3 miles per hour.**  **4) A pre-flight checklist will be completed prior to t**  **he start of every flight. This includes verifying a Return to Home fail-safe funct**  **ion is enabled to ensure the UAS will safely return to the ground control base in th**  **e event that communication signal is**

**lost between the aircraft and the remote control. Standard safety checks, compass**  **calibration, and weather confirmations will also be completed prior to flights as**  **recommended by the manufacturer. 5)**  **The UAS will not be flown in adverse weather condit ions such as rain, snow, or**  **heavy winds. 6)**  **If flights are to be within 5 miles of an airport, the flight will only occur after**  **permission has been granted by the appropriate cont rol tower.** 

Sections of 14 CFR From Which Petitioner is Seeking an Exemption

**14 CFR Part 21, Subpart H Certification procedures for products and parts, Airworthiness Certificates** 

**14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness**  **Certification**
**14 CFR § 45.23 Display of marks; general**

**14 CFR Part 61 Certification: Pilots, Flight Instru ctors and Ground Instructors**  **14 CFR § 91.7 Civil Aircraft Airworthiness 14 CFR § 91.9 Civil Aircraft Flight Manual, Marking**  **and Placard Requirements 14 CFR § 91.103 Preflight Action**  **14 CFR § 91.105 Flight Crewmembers at Stations 14 CFR § 91.109 Flight Instruction** 
**14 CFR § 91.119 Minimum Safe Altitudes: General**
**14 CFR § 91.121 Altimeter Settings**
**14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions** 
**14 CFR § 91.203 Civil Aircraft: Certifications Requ ired** 

**14 CFR § 91.207 Emergency Locator Transmitters**

**14 CFR Part 91, Subpart E Maintenance, Preventive M aintenance and Alterations** 

Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H **– FAR Part 21 establishes the procedures for issua nce of**  **certificates of airworthiness, as mandated by 49 U. S.C. § 44704. Under Section 333 and 49**  **U.S.C. § 44701 (b), the FAA may exempt aircraft fro m airworthiness certification. The petitioner**  **requests an exemption from the requirements of this part because the size, weight, speed,**  **operational capability and proximity to airports in which the UAS will be flown pose**  **significantly less of a risk than those risks posed by conventional aircraft. Manned aircraft pose**  **risks to the life and safety of the crew; that is n ot a consideration with the subject UAS. Risks to**  **third parties are also minimized given the lightwei ght and slow speed at which the Subject UAS**  **would operate. Nor are there risks of fuel spillin g or fire in the event of an accident. Because of**  **these factors, the petitioner requests that the FAA waive the requirement that the subject UAS**  **require an airworthiness certificate.**

14 CFR Part 36 **– FAR Part 36, Subparts A, F and O establish certa in noise standards for**  **certification of various aircraft types. Because th e subject UAS would not have an airworthiness**  **certificate, and given its small size and minimal n oise impact, the petitioner requests an**  **exemption from FAR Part 36.**14 CFR § 45.23 **– FAR 45.23 establishes marking requirements for a ircraft; paragraph (b)** 

**mandates the registration number be displayed in le tters not less than two inches in height. The**  **subject UAS is too small to accommodate the type-si ze requirement. The petitioner requests an**  **exemption from this part.**

14 CFR Part 61 **– FAR Part 61 sets forth the certification require ments for pilots. Because the**  **subject UAS would not have an airworthiness certifi cate, and given its small size and minimal**  **risk factor, the petitioner requests an exemption f rom FAR Part 61, that would allow him to**  **operate the subject UAS for aerial video and photog raphy projects.** 

14 CFR § 91.7 **– FAR 91.7 – (a) No person may operate an aircraft unless it is in an airworthy**  **condition. To the extent that “airworthy” is define d as requiring an airworthiness certificate, the**  **petitioner requests an exemption from this FAR for the same reasons ad identified in petitioner’s**  **request for an exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate the**  **subject UAS if it is not in a condition for safe fl ight, as required under FAR 91.7 (b).** 

14 CFR § 91.9 **– FAR 91.9 – requires that all aircraft have certa in markings, placards and on**  **board flight manuals. Petitioner requests an exemp tion from this requirement for the same**  **reasons as stated in in petitioner’s request for ex emption under 14 CFR Part 21, Subpart H.** 

14 CFR § 91.103 **– FAR 91.103 – mandates certain pre-flight action. Petitioner will take all**  **necessary pre-flight action, but requests an exempt ion from this requirement based on the**  **interpretation of this requiring pre-flight actions that are appropriate to manned aircraft only.** 

14 CFR § 91.105 **- FAR 91.105 – requires that crewmembers be at des ignated stations, with**  **safety belts fastened, etc. Petitioner requests an exemption to this due to the fact that the subject** 

**UAS is unmanned.**

14 CFR § 91.109 **– FAR 91.109 – requires that persons operating an aircraft for flight instruction**  **may not do so unless that aircraft has fully functi oning dual controls. Petitioner requests an**  **exemption due to the fact that the subject UAS does not have a second controller or dual control**  **capability, which is consistent with other, similar UAS units.** 

14 CFR § 91.119 **– FAR 91.119 – indicates the minimum safe altitude s over various areas.**  **Petitioner requests an exemption to this, due to th e fact that the subject UAS is intended to be a**  **low-flying device in order to capture aerial video and photography.** 

14 CFR § 91.121 **– FAR 91.121 – requires various altimeter settings in order to maintain a level**  **flight. Petitioner requests an exemption from this FAR as the subject UAS will not have an**  **altimeter that matches the requirements of this FAR . Altitude will be monitored through the DJI**  **Vision app, and the unit will be kept below 300 fee t as designated by the indications within that** 

**app.**

14 CFR § 91.151 **– FAR 91.151 – sets forth requirements for amount of fuel on any given flight.**  **Petitioner requests an exemption from this FAR beca use the subject UAS operates on battery** **power. The subject UAS will only be operated when t here is a minimum of 5 minutes of battery** 

**power remaining.**

14 CFR § 91.203 **– FAR 91.203 – requires that a civil aircraft have an airworthiness certificate**  **and a registration certificate. Petitioner request s an exemption from this FAR because of the**  **reasons stated in petitioner’s request for an exemp tion under 14 CFR Part 21, Subpart H.** 

14 CFR § 91.207 **– FAR 91.207 – prohibits operation of a US – regis tered aircraft unless it is**  **equipped with an emergency locator transmitter. Giv en the limited distance of flights with the**  **subject UAS, and the fact that it will be flown wit h direct line of sight visibility, petitioner**  **requests an exemption from this FAR.**

14 CFR § Part 91, Subpart E **– requires that owners or operators of aircraft ha ve the aircraft**  **inspected at certain intervals, and by certain mech anics. Petitioner requests an exemption from**  **this Subpart because the subject UAS maintenance an d trouble-shooting program is best**  **executed by the owner/operator and is different fro m that of manned aircraft.** 

How this request would benefit the public

**The photo and video produced by the use of a low-fl ying, slowly moving UAS cannot be** 

**obtained without the use of a manned aircraft or la rge telescoping machinery. The UAS does not**  **significantly impact the airspace and provides a me ans for collecting the photo and video without**  **placing human safety in danger.**

**The environmental impacts related to emissions and the costs associated with obtaining the photo**  **and video by use of a UAS are also reduced compared to manned aircraft.** 

**The photography and videography associated with the use of this UAS will provide property**  **owners, real estate teams, and construction teams w ith a significant, detailed perspective of the**  **subject which cannot be safely or effectively achie ved from ground perspectives or manned**  **aircraft perspectives. Areas of properties, struct ures, and construction projects that are not safely**  **accessible by humans can be effectively captured, e valuated, and recorded for the benefit of the**  **owners, investors, and builders. Property owners a nd investors will have unique photos and**  **videos taken by the UAS to assist them with marketi ng efforts. Construction teams may use the**  **UAS photos and videos to support project safety pla nning and record keeping that cannot be**  **obtained safely otherwise.**

Why this exemption will not adversely affect safety

**Pre-flight precautions will be taken by completing a pre-flight checklist to ensure the UAS is**  **properly functioning and prepared prior to each fli ght.** 

**The battery powered UAS does not require fuel, so t here is little to no risk for ignition of** 

**flammable fuels or fire in the event of a malfuncti on of the rotors or accident.** **The UAS will always be operated within a direct vis ual line of sight of the operator of the** 

**aircraft and the UAS will be flown in open areas aw ay from tall structures or persons near the**  **area of flight.**

**The subject UAS is a small aircraft and weighs unde r 5 pounds. There is little risk related to**  **damage of property or injury to an individual in th e event of an accidental collision associated**  **with the subject UAS for aerial photography and vid eography compared to a manned aircraft.** 

**In the event of a signal loss between the remote co ntroller and the aircraft, the subject UAS** 

**features a fail-safe return to home function to all ow the aircraft to safely return to the home**  **ground base point.**

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of

2012:

Petitioner is seeking an exemption from the followi ng Federal Aviation Regulations: **14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR**  **§ 91.7 ; 14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14**  **CFR § 91.119 ; 14 CFR § 91.121 ; 14 CFR § 91.151 ; 14 CFR § 91.203 ; 14 CFR §**  **91.207 ; 14 CFR Part 91, Subpart E**

Description of the exemption being sought: **The petitioner seeks an exemption from the above-re ferenced Federal Aviation**  **Regulations to conduct aerial photography using a s mall, lightweight unmanned aircraft**  **for the purpose of acquiring photo and video docume ntation of real estate, agricultural**  **land, and construction site projects in order to pr ovide the photos and videos to the**  **owners or representatives of these properties.**

Conclusion

**The petitioner would like to thank the FAA for cons idering our request. Please do not hesitate to** 

**contact us if there is a need for additional inform ation.** 

**Respectfully Submitted,**

**Dennis Virgil Walter Dennis Virgil Walter, Jr.**

**Petitioner Petitioner**