UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

JENNIFER M KULP

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 

OFTHE 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) 

CONCERNINGCOMMERCIAL OPERATION OF THE DJI PHANTOM 3 UNMANNED 

AIRCRAFT SYSTEMPURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on December 8, 2015

JENNIFER M KULP

8704 BLVD OF THE GENERALS

SPOSTYLVANIA, VA 22553

(540) 785-5343

TABLE OF CONTENTS
GLOSSARY OF

ABBREVIATIONS............................................................................................................3

SUMMARY...................................................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER...................................................4

BACKGROUND...............................................................................................................5

BASIS FOR PETITION.....................................................................................................5

NAME AND ADDRESS OF PETITIONER.......................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

JENNIFER M KULP SEEKS

EXEMPTION..........................................................7

THE EXTENT OF RELIEF JENNIFER M KULP SEEKS AND

THE REASON JENNIFER M KULP SEEKS THE

RELIEF.........................9

THE REASONS WHY GRANTING JENNIFER M KULP’S REQUEST

WOULD BE IN THE PUBLIC INTEREST ....................................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY...................................................................................13

CONCLUSION..............................................................................................................19
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 Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic speed control

FPV First Person View

LI-PO Lithium Polymer battery

RCV Radio Controlled vehicle
SUMMARY

Jennifer M Kulp, operating under the company title, ABOVE AND BEYOND BRONE 

AND DIGITAL PHOTOGRAPHY, LLC. Seeks exemption from the requirements of 14 

C.F.R §§ 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 Jennifer M Kulp to operate an Unmanned Aircraft System

(UAS) for the commercial purpose of conducting aerial video and photography for 

Marketing, film sets, real estate photography, commercials, special events, wedding 

cinematography, marine photography, roofing inspection, and landscape imaging over 

certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Jennifer M Kulp, and I am an Aerial RCV enthusiast with over 2 

years of experience operating various types of Aerial RCV’s as well as 1 year operating 

quadcopter UAS’s. Jennifer M Kulp also provides customers high quality photography 

for a wide range of applications. Jennifer M Kulp is considered an advanced level RCV 

pilot. 

The objective of ABOVE AND BEYOND DRONE AND DIGITAL 

PHOTOGRAPHY, LLC is to provide superior aerial imaging for a wide range of 

industries and events while promoting safe UAS operations and promoting public

knowledge of UAS’s as well as providing a high level of knowledge about UAS’s.
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS

Jennifer M Kulp seeks an exemption to operate the DJI system for compensation or hire 

within the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 

pounds14 ounces, while having a length of 16 inches width of 16 inches, height of 8 

inches, and a maximum speed of approximately29 knots. The DJI Phantom 3 UAS is 

equipped with four main rotors; driven by a Lithium Polymer battery powered electric 

motor.

The DJI Phantom 3 UAS that will be operated by Jennifer M Kulp will be registered in

accordance with 49 U.S.C. 44103, 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 Markings.

BASIS FOR PETITION

Petitioner, Jennifer M Kulp, pursuant to the provisions of the Federal Aviation

Regulations (14 C.F.R. § 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 3 UAS in the 

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

C.F.R §§ 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, Jennifer M Kulp’s operation of DJI Phantom 

3UAS meets the conditions of FMRA Section 333 and therefore, will not require an air

worthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Jennifer M Kulp 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.

Jennifer M Kulp submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Jennifer M Kulp will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed in the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Manual). Furthermore, Jennifer M Kulp

will document and maintain all maintenance

records for the DJI Phantom 3.
Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by Jennifer M Kulp to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher 

level certificate, as well as an airman medical certificate, and who has demonstrated, by 

meeting minimum flight- hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Jennifer M Kulp seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the DJI Phantom 3 UAS does not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, Jennifer M Kulp submits that 

she will ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every 

flight, by determining that the UAS is in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and that the aircraft 

is in a condition for safe flight.

Jennifer M Kulp also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UAS to the GCS for 

active monitoring of the flight path. This altitude information, combined with Jennifer M 

Kulp’s operation of the DJI Phantom UAS within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Jennifer M Kulp seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Jennifer M Kulp

submits that safety will not be affected by operation of the DJI Phantom 3 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 approximately 15.5 minutes to the 

first point of intended landing and, assuming normal cruising speed, to fly after that for 

at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Jennifer M Kulp 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:

JENNIFER M KULP

8704 BLVD OF THE GENERALS

SPOTSYLVANIA, VA 22553

(540)-785-5343

Email: jgkulp@verizon.net
A. The Specific Sections of 14 C.F.R. From Which Jennifer M Kulp Seeks 

Exemption.

1. Jennifer M Kulp Seeks Exemption from the Requirements of Section 

61.113(a) and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

Subsections (a) and (b) prescribe the following, in relevant part:

(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.

2. Jennifer M Kulp Seeks Exemption from the Requirements of Section

91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following: (a) No person may operate a civil aircraft unless it is in an airworthy 

condition.

3. Jennifer M Kulp Seeks Exemption from the Requirements of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(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 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of

this 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.

4. Jennifer M Kulp Seeks Exemption from the Requirements of Section

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, 

subsection (b), states the following:
(b) No person may begin a flight in a rotorcraft 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.

5. Jennifer M Kulp Seeks Exemption from the Requirement of Section

91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the 

following: Each owner or operator of an aircraft—

(a) 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 [.]

6. Jennifer M Kulp Seeks Exemption from the Requirements of Section

.407(a) (1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a) (1), states the following:

(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 of this 

chapter [.]

7. Jennifer M Kulp Seeks Exemption from the Requirements of Sections

91.409(a) (1) and 91.409(a) (2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may 

operate an aircraft unless, within the preceding 12 calendar months, it has 

had --

(1) An annual inspection in accordance with part 43 of this chapter 

and has been approved for return to service by a person authorized 

by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

8. Jennifer M Kulp Seeks Exemption from the Requirements of Sections

91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(a) Except for work performed 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:

1. 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--

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person 

approving the aircraft for return to service.

2. Records containing the following information:

(i) The total time in service of the 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 of the 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 forms prescribed by § 43.9(d) of this chapter for

each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances.

3. The owner or operator shall retain the following records for the periods

prescribed:

(i) The records specified in paragraph (a)(1) of this section shall be

retained until the work is repeated or superseded by other work or 

for 1 year after the work is performed.

(ii) The records specified in paragraph (a) (2) of this section shall be

retained and transferred with the aircraft at the time the aircraft is

sold.

(iii) A list of defects furnished to a registered owner or operator 

under § 43.11 of this chapter shall be retained until the defects are 

repaired and the aircraft is approved for return to service.

B.The Extent Of Relief Jennifer M Kulp Seeks And The Reason Jennifer M Kulp

Seeks The Relief.

1. Extent of Relief Jennifer M Kulp Seeks and the Reason Jennifer M Kulp

Seeks Relief from Section 61.113(a) and (b).

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, and who has met certain flight-hour and currency 

requirements, 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, Jennifer M Kulp submits that an equivalent

level of safety will be maintained because no PIC will be allowed to operate the 

DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency 

requirements, demonstrating that the PIC is able to safely operate the DJI 

Phantom 3 UAS in a manner consistent with the operations specifications as 

described in this exemption, including evasive and emergency maneuvers, as 

well as maintaining appropriate distances from people, vessels, vehicles and 

structures.

Furthermore, Jennifer M Kulp submits that all flights of the DJI Phantom 3

UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Jennifer M Kulp's business; and (2) will not carry passengers or 

property for compensation or hire.

2. Extent Of Relief Jennifer M Kulp Seeks And The Reason Jennifer M Kulp

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is 

requested to the extent required to allow Jennifer M Kulp to determine that the 

DJI Phantom 3 UAS is in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents (i.e., Jennifer M Kulp’s 

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Instruction Manual, Pre-Flight Checklist).

Jennifer M Kulp seeks the requested relief because the DJI Phantom 3 

UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, Jennifer M Kulp will ensure that the DJI Phantom 

3 UAS is in airworthy condition based upon its compliance with the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction

Manual) prior to every flight, and further, determine that the aircraft is in condition 

for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief Jennifer M Kulp Seeks And The Reason Jennifer M Kulp

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to 

allow flight operations of the DJI Phantom 3 UAS, which utilizes 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), Jennifer M Kulp seeks the requested relief because the DJI Phantom 3 

UAS’s altimeter 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 DJI Phantom 3 UAS is 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 UA on the heads-up display of the GCS.

4. Extent Of Relief Jennifer M Kulp Seeks And The Reason Jennifer M Kulp

Seeks Relief From Section 91.151(b).

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 DJI Phantom 3 UAS during daylight hours in visual meteorological 

conditions (VMC), under visual flight rules (VFR), for a total duration of 15.5 

minutes to the first point of intended landing and, assuming normal cruising 

speed, to fly after that for at least 4.5 minutes.

Jennifer M Kulp seeks the requested relief because without an exemption from

Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 

UAS will severely constrain the practicality of any aerial video or still photo flight 

operations that Jennifer M Kulp proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI 

Phantom 3 UAS, the DJI Phantom 3 UAS’s operating documents, and proposed 

operating limitations, ensure that Jennifer M Kulp will safely operate the battery 

powered DJI Phantom 3 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 15.5 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes.

5. Extent of Relief Jennifer M Kulp Seeks and the Reason Christopher

Mergenthaler Seeks Relief from Sections 91.405(a), 91.407(a) (1), 

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

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, Jennifer M 

Kulp requests relief from these Sections because the DJI Phantom 3 UAS does 

not require airworthiness certificates. As set forth more fully below, the DJI 

Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, Jennifer M Kulp will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on 

the UAS using the methods, techniques, and practices prescribed in the UAS 

operating documents (i.e., Jennifer M Kulp Aerial

Operations Manual, Monthly Maintenance Log, DJI Phantom 3 Instruction 

Manual, Pre Flight Checklist). Furthermore, Jennifer M Kulp will document and 

maintain all maintenance records for the DJI Phantom 3 UAS.
C. the Reasons Why Granting Jennifer M Kulp’s Request Would be in the Public

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing 

Jennifer M Kulp to safely, efficiently, and economically perform aerial video and 

photography of construction sites, real estate, and landscape, boats, and events 

over certain areas of the United States.

Additionally, use of the DJI Phantom 3 UAS will decrease congestion of 

the NAS, reduce pollution, crashes and accidents caused by pilot error and 

provide significant benefits to the economy. Notably, the benefits of Jennifer M 

Kulp’s proposed operation of the DJI Phantom 3 UAS will be realized without 

implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UAS is battery powered and serves 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 DJI Phantom 3 

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.

Furthermore, by reducing the number of manned aircraft operating in the

NAS, congestion around airports caused by arriving and departing aircraft will be

reduced. The DJI Phantom 3 does not require an airport to takeoff or land. 

Likewise, a reduction of manned aircraft conducting aerial video and photography 

missions would result in fewer aircraft that must be handled by air traffic control 

during the ground, takeoff, departure, arrival, and landing phases of flight 

operations.

2. The Public Will Benefit From the Safety and Efficiency of The DJI

Phantom 3 UAS.

Conducting aerial acquisitions with the DJI Phantom 3 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, the 

DJI Phantom 3 UAS produces no air pollution, and is the most viable

environmentally conscious alternative to the cabin class, six cylinder internal 

combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by 

battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 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. Aside from the lack of flight crew members
located onboard the aircraft, the DJI Phantom 3 (weighing approximately 2 

pounds 14 ounces at its maximum gross weight, with a length of 16 inches, and a 

width of 16 inches, and with no fuel on board), has less physical potential for 

collateral damage to life and property on the ground, and in the air, compared to 

the manned aircraft that typically conduct similar operations (weighing 

approximately 6,000 pounds with a wingspan of approximately 42 feet, a length 

of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an

economical alternative to using manned aircraft to conduct similar aerial 

operations. As such, operation of the DJI Phantom 3 UAS will allow United 

States based companies, like Delta Aerial Imaging LLC, to remain competitive 

and contribute to growth of the U.S. economy. Specifically, with the rising cost of 

aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. Operating 

the battery powered DJI Phantom 3 UAS is one such technology that not only 

allows companies greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned 

aircraft.

By operating the DJI Phantom 3 UAS, companies such as ABOVE AND 

BEYOND DRONE AND DIGITAL PHOTOGRAPHY, LLC, can remain competitive 

and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy.

Improved financial performance of U.S. companies, through commercial use of 

the DJI Phantom 3 UAS, provides a stable workforce that increases consumer 

spending; improves local, state, and federal tax revenues; and allows companies 

to invest in research and development in order to remain competitive both in the 

United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been

conducted for decades, Jennifer M Kulp’s proposed operation of the DJI

Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 UAS will be operated only in compliance with operating documents 

(i.e., Jennifer M Kulp Aerial Operations Manual, Monthly Maintenance Log,

DJI Phantom 3 and Instruction Manual, Pre-Flight Checklist) which requires

property owner involvement as well as local law enforcement notification, and in

accordance with the Federal Aviation Regulations, including the minimum altitude

requirements of 14 C.F.R. § 91.119.
E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Jennifer M Kulp Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meets The Conditions Of The FAA

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

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

associated with the unmanned aircraft and its operation, Jennifer M Kulp’s 

operation of the DJI Phantom 3 UAS meets 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. Specifically, FMRA Section 333 states the following, in 

part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and 

rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the 

determination under subsection (a), the Secretary shall determine, at a 

minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their 

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

areas, and operation within visual line of sight do not create a hazard to users of 

the national airspace system or the public or pose a threat to national security; 

and whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under 

this section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Jennifer M Kulp submits that the DJI Phantom 3 UAS 

can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated 

by:

(a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification

requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 UAS Demonstrates Its 

Safe Characteristics.

The DJI Phantom 3 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.
i. Technical Specifications Of The DJI Phantom 3 UAS.

The technical specifications of the DJI Phantom 3 UAS is set forth by the

DJI Phantom 3 Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 UAS’ Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be operated in both manual and fully

autonomous flight modes. A complete description of the flight and navigational

modes of the DJI Phantom 3 UAS is provided at pages 25-35 of the DJI

Phantom3 User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 UAS is Designed For Automatic Return To Home 

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 UAS will remain

stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3

does not reacquire control link data from the GCS, the UAS will assume that

the Control Link is lost and the UAS will return to the home position (i.e., failsafe

mode) via GPS, and will descend to the takeoff position and shutdown. A 

complete description of the Failsafe Functions of the DJI Phantom 3 UAS are set 

forth at pages 27 through 29 of the DJI Phantom User Manual, attached hereto 

as Exhibit B.

iv. The DJI Phantom 3 GCS And Its Operation.

A complete description of the operation and specifications of the DJI

Phantom 3 GCS and flight control software is provided at pages 32 through 43 of

the DJI Phantom 3 User Manual. DJI Phantom 3 User Manual is attached hereto 

as Exhibit B.

b. Flight Operations Of DJI Phantom 3 UAS is Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

Jennifer M Kulp will only utilize certificated pilots who possess a

current and valid airman medical certificate to act as a pilot in command (PIC) of

the DJI Phantom 3 UAS. Additionally, a safety observer will assist all pilots during

flight time.

c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific

Operating Limitations.

In seeking this exemption, Jennifer M Kulp proposes to commercially 

operate the DJI Phantom 3 UAS for the special purpose of conducting aerial 

video and photography over certain areas of United States, pursuant to the

following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less than

55 pounds maximum gross weight: DJI Phantom 3 Unmanned Aircraft System.

Proposed operations of any other aircraft will require a new petition or a petition 

to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of aerial video and photography.
3. The UAS may not be flown at an indicated airspeed exceeding 20 knots

.

4. The UAS must be operated at an altitude of no more than 500 feet above 

ground level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The SO and PIC must be able to communicate verbally at all times. 

Electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation 

for the duration of the flight. The PIC must ensure that the SO can perform the 

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based 

obstacles/obstructions and is not permitted to operate the camera or other 

instruments.

9. The operating documents and the grant of exemption must be accessible 

during UAS operations and made available to the Administrator upon request. If 

a discrepancy exists between the conditions and limitations contained in the 

grant of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption take precedence 

and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if 

questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a

condition for safe flight. If the inspection reveals a condition that affects the safe

operation of the UAS, the aircraft is prohibited from operating until the necessary
maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.

11. 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. The PIC who conducts the functional test

flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g.

inoperable components, items, or equipment, not already covered in the relevant

sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description of 

work accomplished, and the signature of the authorized person returning the 

UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current

third-class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the

operator’s qualification criteria and demonstrates the ability to safely operate the

UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC

qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted 

under the terms of the exemption. However, training operations may only be 

conducted during dedicated training sessions. During training, proficiency, and 

experience building flights, all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with appropriate 

distance from nonparticipants in accordance with 14 C.F.R. § 91.119.
19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized.

20. The UAS may not operate within 5 nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of 

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

conducted in accordance with a NOTAM as required by the operator’s COA. The 

letter of agreement with the airport management must be made available to the 

Administrator upon request.

21. The UAS may not be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud or when visibility is less than 3 statute miles from 

the PIC.

22. If the UAS loses communications or loses its GPS signal, it must return to a 

predetermined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents.

24. 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.

25. 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.

26. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency 

requirements.
28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 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.

29. The UA must remain clear and yield the right of way to all manned aviation

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. 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:

a. 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;

b. 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;

c. Operations nearer to the PIC, SO, operator trainees or essential 

persons do not present an undue hazard to those persons per §91.119(a).

32. All operations shall be conducted over private or controlled-access property 

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

33. 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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And 

(b) Would Not Adversely Affect Safety.

Jennifer M Kulp submits that the equivalent level of safety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to 

operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the DJI Phantom 3 UAS in a manner consistent with the exemption, 
including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures.

Considering Jennifer M Kulp’s proposed area of operations, and the 

operating limitations set forth-above; the parallel nature of private pilot 

aeronautical knowledge requirements to those of commercial pilot requirements 

(See Exemption No. 11062); and the airmanship skills necessary to safely

operate the DJI Phantom 3 UAS, Jennifer M Kulp submits that the additional 

manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Jennifer M Kulp’s specific 

proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) 

specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11158, 11159, 11160, 11161). Jennifer M Kulp will not allow any PIC to operate 

the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum 

flight-hour requirements and the DJI Phantom 3 UAS training and currency 

requirements, that the PIC is able to safely operate the DJI Phantom 3

UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. Specifically, the PIC must have accumulated 

and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total 

time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a 

UAS pilot operating the same make and model of UAS to be used for operations 

under the exemption). In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will 

ensure an equivalent level of safety during Jennifer M Kulp’s proposed 

operations. The Administrator has held that prior documented flight experience 

that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting 

operations for the purpose of motion picture filming (or similar operations), the 

PIC must have accumulated and logged, in a manner consistent with 14 CFR 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under 

Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS 

to be used for operations under the exemption. For clarification, the FAA 

considers these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor 

time and the 10 hours may be included in the total 25 hours of UAS rotorcraft 

time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days
(for currency purposes). The FAA finds that at a minimum, the flighthour 

requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted 

under the grant of exemption to accomplish the required flight time. During 

training, proficiency, and experience-building flights the PIC is required to

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15.

Accordingly, Jennifer M Kulp will ensure safe operations by not allowing

any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able 

to safely operate the DJI Phantom 3 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

CONCLUSION

Jennifer M Kulp seeks 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 DJI Phantom 3 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 Jennifer M Kulp to safely, efficiently, and economically 

operate the DJI Phantom 3 UAS commercially within the NAS. Therefore, in 

accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, Jennifer M Kulp respectfully requests that 

the Administrator grant this Petition for an 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), and permit ABOVE AND 

BEYOND DRONE AND DIGITAL PHOTOGRAPHY, LLC to operate the DJI 

Phantom 3 UAS commercially for the purpose of conducting aerial video and 

photography over certain areas of the United States.

Dated: December8, 2015

Submitted by

Jennifer M Kulp
APPENDIX – A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

Jennifer M Kulp only utilizes safe and reliable UASs. DJI is an industry leader in small

UAS production. DJI UASs are loaded with ground breaking software enabling the user 

to set parameters which will not allow flight into controlled airspace. Parameters can 

also be set to limit flight to no higher than a predetermined and set altitude as well as 

limit flight to a predetermined and set distance. In addition, DJI software provides realtime altitude and location information to the PIC via the linked monitor (smart 

phone/tablet devices)

1.1DJI Phantom 3

1.2 1.1.1 Aircraft

1.1.1.1 Supported Battery – DJI 6000AH LiPo Battery

1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity - 200/s

1.1.1.5 Max Tilt Angel - 35 1.1.1.6 Max Ascent Speed – 6m/s

1.1.1.7 Max Descent Speed – 2m/s

1.1.1.8 Max Flight Speed – 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current – Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy - ±0.03

1.1.2.3 Controllable Range – Pitch: -90 - 0

1.1.2.4 Maximum Angular Speed – Pitch: 90/s

1.1.3 Camera

1.1.3.1 Operating Temperature Range - 32F - 104F (0C - 40C)

1.1.3.2 Sensor Size – 1/2.3”

1.1.3.3 Effective Pixels – 14M

1.1.3.4 Resolution – 4384x3288

4.1.3.5 HD Video Recording – 1080p30 & 720p

4.1.3.6 Recording Field of View - 110/85

APPENDIX-B

DJI PHANTOM 3 USER MANUAL

http://www.dji.com/product/phantom-3/download