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 SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LA W 112

- 95)

Submitted on December 8, 2015

JENNIFER M KULP 8704 BLVD OF THE GENERALS SPOSTYLVANIA, VA 22553 (540) 785

- 5343

TABLE OF CONTENTSGLOSSARY 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 W HICH 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 WH Y G RANTING JENNIFER M KULP’S REQUEST WO ULD BE IN THE PUBLIC INTEREST ..........................................................

....... ...11

THE REASONS WH Y GRANTING THE EXEMPTION WO ULD NOT ADVERSELY AFFECT SAFETY...............

..... ..................................................... ..........13

CONCLUSION.......................................................................................

....................... 19GLOSSARY 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**SUMMA RY** 

Jennifer M Kulp , operating under the com pany title, ABOVE AND BEYOND BRONE AND DIGITAL PHOTOGRAPHY , LLC. S eeks 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 exemptio n 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 imagin g over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** 

My name is Jennifer M Kulp , and I am an Aerial R CV 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 appl ications. Jennifer M Kulp is considered an advanced level RCV pilot.

The o bjective of ABOVE AND BEYOND DRONE AND DIGITAL PHOTOGRAPHY, LLC is to provide sup erior 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.**BA CKGROUND** 

Unmanned Aircraft Systems: DJI Phantom 3 UAS Jennifer M Kulp seeks an exemption to operate the DJI system for compensat ion or hire within the NAS. The DJI Phantom 3 is a vertical takeoff and landin g (VTOL) Unmanned Aircraft (UA) with a Ground Control Stati on (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of approximately 2 p ounds 14 ounces, while having a l ength 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 roto rs; driven by a Lithium Polymer battery powered electric motor.

The DJI Phantom 3 UAS th at will be operated by Jennifer M Kulp will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as wel l as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, I dentification and Registration Markings.

**BA SIS FOR PETITION** 

Peti tioner, 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 Airs pace 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 li mited operating area associated with the unmanned aircraft and i ts operation, Jennifer M Kulp’s operation of DJI Phantom 3 UAS meets the conditions of FMRA Section 333 and therefore, wi ll not require an air worthiness certificate in accordance with 14 C.F.R. Part 21, Subp art 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 pers onnel or technicians to perform maintenance, alterations, or preventive maintenance on t he UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Main tenance 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), entitl ed 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, inclu ding 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 requ ire an airworthiness certifica te in accordance with 14 C.F.R. Part 21, Subpart H. As such, Jennifer M Kulp submits that she wil l ensure that the DJI Phantom 3 UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compli ance 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 requireme nts of Section 91.121, entitled Alt imeter 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 communicat ions 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 th e DJI Phantom UAS within visual line of sight, at or below 500 feet AGL, w ill ensure a level of safety equivalent to Section 91.121.

Additionally, Jennifer M Kulp seeks an exemption from the req uirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Jennifer M Kulp submits that safety will not b e 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 inte nded 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 provid es the following information in support of its petition for exemption:

**A. Name**  **and Ad**  **dress of**  **the Pe**  **titioner.** 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 pro perty for compensation or hire; nor may that person, for co mpensation 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 sett ing 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

cr uising 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 s hall 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, rebuild ing, 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 inspectio n 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 mainten ance, and alteration and records of the 100

- hour, annual, progressive, andother required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. T he 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 ai rworthiness directives (AD) and safety directives including, fo r 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 t ransferred 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**  **S eeks A** **nd The Reason Jennifer M Kulp Seeks The Relief.**  **1. Extent of**  **Relief Jennifer M Kulp**  **S eeks**  **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 PICholding a private pilot or higher level certificate, as well as a current and valid

airman medical certificate, a nd 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 fl ight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or p roperty 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, demons trating that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the operations specifications as describ ed in this exemption, including evasive and emergency maneuvers, as well as maintai ning 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 Peti tion: (1) will be incidental to Jennifer M Kulp 's business; and (2) will n ot carry passengers or property for compensation or hire.

**2. Extent Of Relief Jennifer M Kulp**  **S eeks A** **nd 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 d etermine 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 DJ I 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 fo r safe flight, as stated in the conditions and limitations below.

**3. Extent Of Relief Jennifer M Kulp**  **Seeks A nd Th**  **e 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). Si nce the FAA requires that any altitude information concerning UAS operat ions 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 g round to zero feet AGL, rather than the local barometric pressure or fiel d 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 equ ivalent level of safety will be maintained since the DJI Phantom 3 UAS is equipped wi th 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**  **S eeks A** **nd 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 sti ll 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 fo r a to tal duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising spee d, 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), 91.40 7(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 Phanto m 3 UAS meets the conditions of FMRA Section 333 for operation without an airworth iness certificate. Accordingly, Jennifer M Kulp will use trained technicians to pe rform maintenance, alterations, or preventive maintenance on the UAS using the met hods, techniques, and practices prescribed in the UAS operating documents (i.e., Jennifer M Kulp Aerial Operations Manual, Monthly Maintenance Log, DJI Pha ntom 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 A**  **s A Whole.**  Granting the present Petition will further the public interest by allowing Jennifer M Kulp to safely, efficiently, and economically perfo rm aerial video and photography of construction sites, real estate, and landscape, boats, and e vents 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 pilo t 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 NA** **S.** The DJI Phantom 3 UAS is battery powered a nd serves as a safe, efficient, and economical alternative to the manned aircraft t raditionally utilized to obtain aerial imagery. By reducing the amount of manned ai rcraf t 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 t he 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, arriva l, and landing phases of flight operations.

**2. The Public Will Benefit From the**  **Safety and**  **Efficiency of**  **The DJI Phantom 3 UA** **S.** 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 no ise 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 aviati on fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint of aeria l 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 memberslocated onboard th e aircraft, the DJI Phan tom 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 potent ial for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically condu ct 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 A erial Video and Photography**  **Operations With The DJI Phantom 3 UA** **S 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 con duct similar aerial operations. As such, operation of the DJI Phantom 3 UAS will allow United States based companies, like Delta Aerial Imaging LLC, to remai n competitive and contribute to growth of the U.S. economy. Specifically, with the rising co st of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions p hasing 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, whic h 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 U AS, provides a stable workforce that increases consumer spending; improves local, s tate, and federal tax revenues; and allows companies to invest in research and development i n order to remain competitive both in the United States and abroad. **4. There A re 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 Lo g, 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**  **Ad versely**  **A ffect Safety,**  **Or How The Exemption Would Provide A**  **Lev el Of Safety** 

**A t Leas**  **t Equal To That Provided By** 

**The Rule From Which**  **Jennifer M Kulp Seeks Exemption.** 

**1. Reason s Why** 

**The DJI Phantom 3 UA S Meets The Conditions Of The FAA**  **Modernization and Reform A ct of 2012 (FMRA** **) Section 333.**

In consideration of the size, weight, speed, and li mited operating area associated with the unmanned aircraft and its operation, Jenni fer 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 air worthine ss certification and sets forth requirements for considering whether a UAS will create a ha zard 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 req uired 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 sig ht 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 certi fication under section 44704 of title 49, Un ite d States Code, is required for t he operati on 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 operat ion 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 safel y in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 U AS; (b) the pilot certification requirement; and (c) the specific operating limitations. **a. The Specifications Of The DJI Phan tom 3 UA** **S 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. Techn ical Specifications Of The DJI Phantom 3 UA** **S.** 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 UA S’ A** **utonomous Flight A nd**  **Nav igation Modes**  **Enable The UA S To Remain Within A**  **Defined Operational A rea.**  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 i s provided at pages 25

- 35 of the DJI Phantom3 User Manual, attached hereto as Exhibit B. **iii. The DJI Phantom 3 UA S is Designed For A** **utomatic Return To Home Point**  **Or Hover In The Event Of Loss Of The Control Link Or Navigation.** Wh en the Control Link i s 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, atta ched hereto as Exhibit B. **iv. The DJI Phantom 3 GCS A nd 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 ut ilize 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 UA S**  **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 U nited 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 specifie d 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 a ble 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. T he 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 t he 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 op erating 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 th at 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 Integrat ion Office (AFS

- 80) may be contacted if questions arise regard ing 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 co ndition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessarymaintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in th e 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 fligh t 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 manufactu rer Safety Bulletins.

16. The authorized person must make an entr y 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 wil l 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 consi dered 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 ma nagement 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 ope rated 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 Wa iver 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 th an 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 requ irements.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 condu cted 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 suc h 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 undu e haza rd 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 repres entative 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 We b site: www.ntsb.gov

. **2. Reasons Why**

**A n Exemption Fro**  **m The Requirements Of Section 61.113(a) A** **nd (b) Would**  **Not A dversely**  **A ffect 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 maneuve rs and maintaining appropriate

distances from people, ve ssels, vehicles and structures. Considering Jennifer M Kulp ’s propo sed area of operations, and the operating limitations set forth

- above; the parallel nature of private pi lot aeronautical knowle dge 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 experien ce of a commercial ly 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 Kul p will not allow any PIC to operate the DJI Ph antom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour require ments 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 s ame make and model of UAS to be used for operations under the exemption). In addition to the hour req uirements, 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, statin g 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 hou rs of total time as a UAS rotorcraft pilot including at least 10 hou rs 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 i n 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). Th e 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 obtaine d in compliance with applicable regulations would satisfy this requirement. Training, profi ciency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the required flight tim e. 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 operati ons 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

exempt ion, 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 Modern ization 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 Ph antom 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 respectful ly requests that the Administrator grant this Pet ition 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 BE YOND 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**AP PENDIX** 

**– 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 no t allow flight into controlled airspace. Para meters 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 real

time altit ude and lo cation information to the PI C 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 We ight (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 Wo rking 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

- 3 2F

- 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

**AP PENDIX** 

**- B**  **DJI PHA NTOM 3 USER MA** **NUA L**  http://www.dji.com/product/phantom

- 3/download