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 Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Exemption Request – Section 333 of the FAA Modernization 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 petition 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 Aerial System (UAS) to perform commercial 

aerial video and photography services. We would like 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 States. 

In accordance with the FAA’s Guidelines for Submitting 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 information 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 associated 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 similar units. Example exemptions include: 

Brian M. Walk / Unmanned Aerial Solutions, Exemption No. 11445, Regulatory Docket No. 

FAA-2015-0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA-2015-

0201; Mark Wolf, Steve Tippmann / Tippmann Construction, Exemption No. 12170, Regulatory 

Docket No. FAA-2015-1701. 

The remote control unit utilizes an operating frequency of 2.400 GHz – 2.483 GH. The 

maximum communication distance between the remote control 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 DJI Phantom 3 Professional quad-copter and 

always follow the manufacturer’s guidelines for safe flight and maintenance of the unit. 

C. UAS Operating Parameters and Intended Flight Profile: 

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 followed 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 direct 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 within 25 feet of a structure or 

building, the UAS will be operated at speeds less than 3 miles per hour. 

4) A pre-flight checklist will be completed prior to the start of every flight. This 

includes verifying a Return to Home fail-safe function is enabled to ensure the UAS 
will safely return to the ground control base in the 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 conditions 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 control 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 Instructors 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 Required 

14 CFR § 91.207 Emergency Locator Transmitters 

14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance 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 issuance 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 from 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 not a consideration with the subject UAS. Risks to 

third parties are also minimized given the lightweight and slow speed at which the Subject UAS 

would operate. Nor are there risks of fuel spilling 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 certain noise standards for 

certification of various aircraft types. Because the subject UAS would not have an airworthiness 

certificate, and given its small size and minimal noise impact, the petitioner requests an 

exemption from FAR Part 36. 

 
14 CFR § 45.23 – FAR 45.23 establishes marking requirements for aircraft; paragraph (b) 

mandates the registration number be displayed in letters not less than two inches in height. The 

subject UAS is too small to accommodate the type-size requirement. The petitioner requests an 

exemption from this part. 

14 CFR Part 61 – FAR Part 61 sets forth the certification requirements for pilots. Because the 

subject UAS would not have an airworthiness certificate, and given its small size and minimal 

risk factor, the petitioner requests an exemption from FAR Part 61, that would allow him to 

operate the subject UAS for aerial video and photography 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 defined 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 flight, as required under FAR 91.7 (b). 

14 CFR § 91.9 – FAR 91.9 – requires that all aircraft have certain markings, placards and onboard flight manuals. Petitioner requests an exemption from this requirement for the same 

reasons as stated in in petitioner’s request for exemption 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 exemption 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 designated 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 functioning 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 altitudes over various areas. 

Petitioner requests an exemption to this, due to the 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 feet 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 because the subject UAS operates on battery 
power. The subject UAS will only be operated when there 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 requests an exemption from this FAR because of the 

reasons stated in petitioner’s request for an exemption under 14 CFR Part 21, Subpart H. 

 

14 CFR § 91.207 – FAR 91.207 – prohibits operation of a US – registered aircraft unless it is 

equipped with an emergency locator transmitter. Given the limited distance of flights with the 

subject UAS, and the fact that it will be flown with 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 have the aircraft 

inspected at certain intervals, and by certain mechanics. Petitioner requests an exemption from 

this Subpart because the subject UAS maintenance and trouble-shooting program is best 

executed by the owner/operator and is different from that of manned aircraft. 

How this request would benefit the public 

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

obtained without the use of a manned aircraft or large telescoping machinery. The UAS does not 

significantly impact the airspace and provides a means 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 with a significant, detailed perspective of the 

subject which cannot be safely or effectively achieved from ground perspectives or manned 

aircraft perspectives. Areas of properties, structures, and construction projects that are not safely

accessible by humans can be effectively captured, evaluated, and recorded for the benefit of the 

owners, investors, and builders. Property owners and investors will have unique photos and 

videos taken by the UAS to assist them with marketing efforts. Construction teams may use the 

UAS photos and videos to support project safety planning 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 flight. 

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

flammable fuels or fire in the event of a malfunction of the rotors or accident. 
The UAS will always be operated within a direct visual line of sight of the operator of the 

aircraft and the UAS will be flown in open areas away from tall structures or persons near the 

area of flight. 

The subject UAS is a small aircraft and weighs under 5 pounds. There is little risk related to 

damage of property or injury to an individual in the event of an accidental collision associated 

with the subject UAS for aerial photography and videography compared to a manned aircraft. 

In the event of a signal loss between the remote controller and the aircraft, the subject UAS 

features a fail-safe return to home function to allow 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 following 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-referenced Federal Aviation 

Regulations to conduct aerial photography using a small, lightweight unmanned aircraft 

for the purpose of acquiring photo and video documentation of real estate, agricultural 

land, and construction site projects in order to provide the photos and videos to the 

owners or representatives of these properties. 

Conclusion 

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

contact us if there is a need for additional information. 

Respectfully Submitted, 

 

Dennis Virgil Walter Dennis Virgil Walter, Jr. 

Petitioner Petitioner