James Walker

59 Matthews Rd

Birmingham, AL 35213

(205)365-5205

jwalker59@me.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 

14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 

CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) 

and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform 

Act”) and 14 CFR Part 11, James Walker, operator of an Unmanned Aircraft System 

(UAS), hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with 

camera(s) and sensors, would operate in the following manner: 

Aerial photography and/or video for public and/or private use including real 

estate, architecture, land surveying, engineering and other related professional 

activities. 

Aerial video and/or photography for public and/or private use including 

television, public events and cinematography. 

Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority. 

Aerial video/photography or providing live video feed to assist with search and 

rescue operations in cases of an emergency or natural disaster only when the local 

authorities or government has requested it by contract or donation. 
The ability to offer training to persons individually or belonging to both private 

and/or public organizations that have interests in the use and application of a UAS 

for the purpose of the safe operation of a UAS to enhance the safety of the 

National Airspace System (NAS) as well as for the protection of the persons and 

property. 

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.” 

The name and address of the applicant is: 

James Walker

59 Matthews Rd

Birmingham, AL 35213

(205)365-5205

jwalker59@me.com

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121 

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)
James Walker, who holds a private pilot’s license will operate the DJI Phantom 4, and the 

DJI Inspire. Specifications of each are listed below. The applicant will operate the UAS in 

line of sight within a predetermined area owned and or operated by the property 

representative. 

DJI Phantom 4

Weight (Including Battery)

1380 g

Max Ascent Speed

6 m/s (Sport mode)

Max Descent Speed

4 m/s (Sport mode)

Max Speed

20 m/s (Sport mode)

Max Service Ceiling Above Sea Level

19685 feet (6000 m)

Max Flight Time

Approx. 28 minutes

Operating Temperature Range

32° to 104° F (0° to 40° C)

Satellite Systems

GPS / GLONASS

Hovering Accuracy

Vertical: 

+/- 0.1 m (when Vision Positioning is active) or +/-0.5 m
Horizontal: 

+/- 0.3 m (when Vision Positioning is active) or +/-1.5 m

DJI Inspire 

Weight (Battery Included)

2935 g

Hovering Accuracy (GPS mode)

Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity

Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle

35°

Max Ascent Speed

5 m/s

Max Descent Speed

4 m/s

Max Speed

22 m/s (ATTI mode, no wind)

Max Service Ceiling Above Sea Level

4500 m (Default altitude limit: 120 m above takeoff point)

Max Wind Speed Resistance

10 m/s

Max Flight Time
Approximately 18 minutes

Motor Model

DJI 3510H

Propeller Model

DJI 1345T

Indoor Hovering

Enabled by default

Operating Temperature Range

-10° to 40° C

Diagonal Distance

559 to 581 mm

Dimensions

438x451x301 mm

Power Spectral Density

9.06mW/MHz

Given the small size of the UAS and the controlled environment provided the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this 

application presents no national security issues. Regarding the level of safety surrounding 

the proposed operations and the public benefit, reduction in environmental impacts, 

including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant 

the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using 

conventional aircraft. 
These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the 

Flight Operations Manual (FOM) include: 

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating airspeed of no more than 50 Kts.

Flights will be operated within line of sight of the Pilot in Command (PIC) 

 and Visual Observer (VO) if utilized. 

Maximum flight time for each operational flight will be 30 minutes. Flights will 

be terminated at 25% battery power reserve or 30 minutes of flight time whichever 

occurs first. 

Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned. 

Minimum crew for each operation will consist of the UAS Pilot, and may include, 

depended on mission requirements, a Visual Observer (VO). 

The UAS pilot will be a designated Pilot in Command (PIC) and will take and 

pass all necessary certifications currently approved by the FAA administration for 

commercial use. 

A briefing will be performed regarding the planned UAS operations prior to each 

day’s flight consisting of all the days’ production activities. 

All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) 

only. 

The flights will occur no closer than a 5 mile radius of the geographic center/

Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. for 

all FAA regulated ‘No Fly Zones’ and was uploaded by DJI (July 2015 Firmware) 

for all DJI drones to download and prevent any possible flights occurring within 
no-fly zones. DJI Phantom 4 and Inspire has installed software (code) that denies 

flights within the FAA no-fly zones. 

If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the respective 

airports will be contacted advising them of the estimated flight time, flight 

duration, elevation of flight and other pertinent information. 

The operator will file FAA Form 7711-1, or its equivalent, as modified in light of 

the requested exemption, with the appropriate local Flight Standards District 

Office (FSDO) no more than 72 hours but no less than 48 hours from planned 

operation. 

The operator will obtain verbal/written consent of all persons involved with the 

planned operation and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and the radius may be reduced to 30 feet based 

upon an equivalent level of safety determination, as required under the FOM. With 

the advanced permission of the FSDO, operations at closer range may be 

approved. 

The PIC, and VO if utilized, will have been trained in operation of UAS and 

receive up-to-date information for the particular UAS to be operated. 

The PIC and VO, if utilized, will be able to communicate by voice, radio, and/or 

text at all times. 

Written and/or verbal permission and permits will be obtained from territorial, 

state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies. 

If the UAS loses communications with the remote controller or loses GPS signal, 

the UAS will have the capability to return to a pre-determined location within a 

designated location and land autonomously. 

The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. In all cases, an analysis of these criteria demonstrates 

that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The UAS to be operated hereunder is less than 55 lbs. (3 lbs.) fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike other 

civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with 

local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. 
Even though the UAS will have no airworthiness certificate, an exemption may be needed 

as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. 

Given the size of the UAS, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage 

as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the 

identification of the UAS as “Experimental.” 

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may 

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. An equivalent level of safety can be achieved by current 

Regulations because the applicant’s UAS do not carry any pilots or passengers nor 

property. The risks attendant to the operation of UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will 

have a Commercial Pilot’s License along with a current Second Class or higher Medical 

exceeding the current safety levels in relation to 14 CFR 61.113 (a) & (b).

Although the applicant and PIC (James Walker) does hold a private pilot’s license, I feel 

the operation and limitations set forth in the FOM will equate to the safe operation of the 

UAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each 

flight an equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 
thereof. The UAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the UAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. The PIC will take all actions as stated in the 

DJI Phantom 4 and Inspire Flight Section of the User Manual including but not limited to 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. UAS and remotely piloted aircraft, by their design do not have fully 

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed 

to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated 

more than 200 feet above the highest point on the structure. It will however be operated 

in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent. 
The equivalent level of safety will be achieved given the size, weight, speed of the UAS 

as well as the location where it is operated. No flight will be taken without the permission 

of the property owner or local officials. Because of the advance notice to the property 

owner and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable 

fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the UAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, confirming the altitude of the launch site shown 

on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on the UAS’s 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. Operating the UAS, in a tightly controlled area where only people and 

property owners or official representatives who have signed waivers will be allowed, with 

less than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151(a) was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for 
which the exemption will be granted. Applicant believes that an equivalent level of safety 

can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever 

happens first. This restriction would be more than adequate to return the UAS to its 

planned landing zone from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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. . . . 

(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. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them; to the 

extent they are applicable to the UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. 

These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because the UAS is very limited in size and 

will carry a small payload and operate only in restricted areas for a limited period of time. 

If mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the 
aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS Manufacturer's User Manual. As provided in 

the FOM, the operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed. 

Additional Information 

The applicant, James Walker, has been involved in the piloting of remote controlled 

aircraft for more than 2 years. Also the primary pilot, James Walker, has been a licensed 

private pilot for over 20 years. James Walker has owned and operated a film and video 

production company and has made commercial videos and documentaries for many 

institutions including the U.S Postal Service. Satisfaction of criteria provided in Section 

333 of the Reform Act of 2012 provide more than adequate justification for the grant of 

the requested exemptions allowing the commercial operation of the applicant’s UAS. 

Sincerely, 

James Walker