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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.____________________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

BENJAMIN GULTCH

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE 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) CONCERNING COMMERCIAL

OPERATION OF DJI Phantom 3 AND DJI INSPIRE 1 UNMANNED AIRCRAFT

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FA A MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-951

Submitted on September 28th, 2015

BENJAMIN GULTCH

16180 Elderlawn Parkway

Brookfield, WI 53005

920-284-3854

gultchb@gmail.com
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS.................................................................................. 3

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

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

BACKGROUND .................................................................................................................. 4

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

NAME AND ADDRESS OF PETITIONER .......................................................... 7

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

SEEKS EXEMPTION ......................................................................... 8

THE EXTENT OF RELIEF BENJAMIN GULTCH SEEKS AND THE REASON 

BENJAMIN GULTCH SEEKS THE RELIEF.................................. 11

THE REASONS WHY GRANTING BENJAMIN GULTCH’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST.............................................. 14

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY............................................................ 16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER ..... 30

ANY ADDITIONAL INFORMATION, VIEWS, OR 

ARGUMENTS AVAILABLE TO SUPPORT BENJAMIN 

GULTCH’S REQUEST 31

CONCLUSION..................................................................................................................31

APPENDICES ...................................................................................................................33
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GLOSSARY OF ABBREVIATIONS

AGL

AOI

ATC

ATO

AV

CFR

Above Ground Level

Area of Interest

Air Traffic Control

Air Traffic Organization

Aerial Vehicle

Code of Federal Regulations

COA

FAA

FAR

Certificate of Authorization

Federal Aviation Administration

Federal Aviation Regulation

GCS Ground Control Station

GPS

LOL

Global Positioning System

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
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SUMMARY

BENJAMIN GULTCH 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 

BENJAMIN GULTCH to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of construction sites, real estate, and 

landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

BENJAMIN GULTCH provides his clients with expertise and knowledge in advanced 

technologies and solutions to increase efficiency, productivity and effectiveness. 

BENJAMIN GULTCH has hundreds of hours flying experience. He has over 10 years 

recreational/hobby experience operating Unmanned Aircraft Systems (UAS). The objective 

of BENJAMIN GULTCH find his aerial operations is to provide high quality imaging for a 

variety of commercial, public, and residential uses, specifically targeting but not limited to:

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Event and Small Business Marketing

Aerial acquisitions used for inspections of public and private 

structures.

• Surveying and Mapping

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3. DJI Inspire 1 UASs

BENJAMIN GULTCH seeks an exemption to operate DJI systems for compensation or 

hire within the NAS. The DJI Phantom 3 and DJI Inspire 1 are vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic 
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tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 

approximately 2 pounds 13 ounces, while having a length of 16 inches width of 16 inches, 

height of 8 inches, and a maximum speed of approximately 31 knots. The DJI

Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, 

width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 

knots. The DJI Phantom 3 and DJI Inspire l UAs are equipped with four main rotors; driven 

by Lithium Polymer battery powered electric motors.

The DJI Phantom 3 and DJI Inspire 1 UAs that will be operated by BENJAMIN GULTCH 

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 Marking.

BASTS FOR PETITION

Petitioner, BENJAMIN GULTCH, 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, DJI Inspire 1 

UASs 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, BENJAMIN GULTCH operation of DJI Phantom 3 

and DJI Inspire 1 UASs meets the conditions of FMRA Section 333 and therefore, will not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 
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Accordingly, BENJAMIN GULTCH 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.

BENJAMIN GULTCH submits that the requested relief is proper since an equivalent level 

of safety will be ensured. BENJAMIN GULTCH will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs 

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

Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 Instruction Manual). 

Furthermore, BENJAMIN GULTCH will document and maintain all maintenance records 

for the DJI Phantom 3 and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by BENJAMIN GULTCH 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 and DJI Inspire 1 UASs in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

BENJAMIN GULTCH seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 and DJI Inspire 1 UASs do not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

BENJAMIN GULTCH submits that he will ensure that the DJI Phantom 3 and DJI Inspire l 

UASs are in an airworthy condition, prior to every flight, by determining that the UASs are 

in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 and DJI Inspire 1 Instruction Manual), and that the aircraft Eire in a condition for 

safe flight.

BENJAMIN GULTCH also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom 3 and DJI Inspire 1 UAs will not have a 

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 

and DJI Inspire l UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path. This altitude information, combined with 

BENJAMIN GULTCH’s operation of the DJI Phantom 3 and DJI Inspire 1 UASs within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121.

Additionally, BENJAMIN GULTCH seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. BENJAMIN GULTCH 

submits that safety will not be affected by operation of the DJI Phantom 3 and DJI Inspire 1 

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 13.5 
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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, BENJAMIN GULTCH 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:

BENJAMIN GULTCH 

16180 Elderlawn Parkway

Brookfield, WI 53005

920-284-3854

gultchb@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which BENJAMIN GULTCH Seeks 

Exemption.

1. BENJAMIN GULTCH 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. BENJAMIN GULTCH 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.
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3. BENJAMIN GULTCH 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—

(1) 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)(l)(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. BENJAMIN GULTCH 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. BENJAMIN GULTCH 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[.]
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6. BENJAMIN GULTCH Seeks Exemption From The Requirements 

Of

Section 91.407(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. BENJAMIN GULTCH 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. BENJAMIN GULTCH 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 
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the work performed; and

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

(iii) The signature, find 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.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) 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.

(2) 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.

(3) 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.
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C. The Extent Of Relief BENJAMIN GULTCH Seeks And The Reason 

BENJAMIN GULTCH Seeks The Relief.

1. Extent Of Relief BENJAMIN GULTCH Seeks And The Reason 

BENJAMIN GULTCH 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, BENJAMIN GULTCH submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3

UAS or DJI Inspire 1 UAS unless that PIC has met certain flight-hour and currency 

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

or DJI Inspire 1 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.

Further, BENJAMIN GULTCH submits that all flights of the DJI Phantom 3 and DJI Inspire 

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

BENJAMIN GULTCH’s business; and (2) will not carry passengers or property for

compensation or hire.
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2. Extent Of Relief BENJAMIN GULTCH Seeks And The Reason

ALON

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow BENJAMIN GULTCH to determine that the DJI Phantom 3 and DJI 

Inspire 1 UASs are in airworthy condition prior to every flight by ensuring that the UAS is 

in compliance with the operating documents (i.e., the BENJAMIN GULTCH Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 

Instruction Manual).

BENJAMIN GULTCH seeks the requested relief because the DJI Phantom 3 and DJI 

Inspire 1 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. Therefore, BENJAMIN GULTCH will ensure that the DJI Phantom 3 

and DJI Inspire 1 UASs are in airworthy condition based upon its compliance with the 

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

1 Instruction Manual) prior to every flight, and further, determine that the aircraft Eire in 

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

3. Extent Of Relief BENJAMIN GULTCH Seeks And The Reason 

BENJAMIN GULTCH Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, maybe required to allow flight 

operations of the DJI Phantom 3 and DJI Inspire 1 UASs, which utilize 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), BENJAMIN 

GULTCH seeks the requested relief because the DJI Phantom 3 and DJI Inspire 1 UA’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 and DJI Inspire 1 UAs are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level --
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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 BENJAMIN GULTCH Seeks And The Reason

ALON

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 and 

DJI Inspire 1 UAs during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended 

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

BENJAMIN GULTCH seeks the requested relief because without an exemption from 

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

Inspire 1 UAs will severely constrain the practicality of any aerial video or still photo flight 

operations that BENJAMIN GULTCH proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 and DJI 

Inspire 1 UASs, the DJI Phantom 3 and DJI Inspire 1 operating documents, and 

BENJAMIN GULTCH’s proposed operating limitations, ensure that BENJAMIN 

GULTCH will safely operate the battery powered DJI Phantom 3 and DJI Inspire 1 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 13.5 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 BENJAMIN GULTCH Seeks And The Reason

BENJAMIN GULTCH 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, BENJAMIN GULTCH requests relief 

from these Sections because the DJI Phantom 3 and DJI Inspire 1 UASs do not require 

airworthiness certificates. As set forth more fully below, the DJI Phantom 3 and DJI Inspire 

1 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness 

certificate. Accordingly, BENJAMIN GULTCH will use trained technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, 
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techniques, and practices prescribed in the UAS operating documents (i.e., the BENJAMIN 

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

DJI Inspire 1 Instruction Manual). Furthermore, BENJAMIN GULTCH will document and 

maintain all maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs.
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D. The Reasons Why Granting BENJAMIN GULTCH Request Would Be In 

The Public’s Interest

Granting the present Petition will further the public interest by allowing BENJAMIN 

GULTCH to safely, efficiently, and economically perform aerial video and photography of 

construction sites, real estate, and landscape over certain areas of the United States.

Additionally, use of the DJI Phantom 3 and DJI Inspire 1 UASs will decrease congestion of 

the NAS, reduce pollution, find provide significant benefits to the economy. Notably, the 

benefits of BENJAMIN GULTCH’s proposed operation of the DJI Phantom 3 and DJI 

Inspire 1 UASs will be realized without implicating any privacy issues.

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

The DJI Phantom 3 and DJI Inspire 1 UAs are battery powered and serve 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 or DJI Inspire 1 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 

2 and DJI Inspire 1 UAs do 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 and DJI Inspire 1 UASs.

Conducting aerial acquisitions with the DJI Phantom 3 and DJI Inspire 1 UASs, 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 and DJI Inspire 1 

UASs produce 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 and DJI Inspire 1 UAs, while reducing the carbon 

footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by 

battery powered electric motors, rather than an internal combustion engine.
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By using the DJI Phantom 3 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UAs (weighing approximately 2 pounds 11 

ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights with lengths 

of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, 

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 and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 and DJI Inspire 1 UASs are also 

an economical alternative to using manned aircraft to conduct similar aerial operations. As 

such, operation of the DJI Phantom 3 and DJI Inspire 1 UASs will allow United States 

based companies, like BENJAMIN GULTCH, 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 (“EP A”) 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 and DJI Inspire 

1 UASs 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 and DJI Inspire 1 UASs, companies such as BENJAMIN 

GULTCH, 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 and DJI Inspire 1 UASs, 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, BENJAMIN GULTCH’s proposed operation of the DJI Phantom 3 and DJI Inspire 

1 UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 and DJI 

Inspire 1 UASs will be operated only in compliance with operating documents (i.e., the 
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BENJAMIN GULTCH Aerial Operations Manual, Monthly Maintenance Log, and DJI 

Phantom 3 and DJI Inspire 1 Instruction Manual) 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 BENJAMIN GULTCH Seeks Exemption.

1. Reasons Why The DJI Phantom 3 and DJI Inspire 1 UAs Meet 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, BENJAMIN GULTCH’s operation of the DJI Phantom 

3 and DJI Inspire 1 UASs meet 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 (2) 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 
18

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, BENJAMIN GULTCH submits that the DJI Phantom 3 and DJI 

Inspire 1 UASs can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by: (a) the characteristics of the DJI Phantom 3 and DJI Inspire 1 UASs; (b) 

the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The DJI Phantom 3 and DJI Inspire 1 UASs 

Demonstrate Its Safe Characteristics.

The DJI Phantom 3 and DJI Inspire 1 UASs do 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 and DJI Inspire 1 

UASs.

The technical specifications of the DJI Phantom 3 and DJI Inspire 1 UASs are set forth by 

the DJI Phantom 3 and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

ii. The DJI Phantom 3 and DJI Inspire 1 UASs Autonomous Flight 

And Navigation Modes Enable The UASs To Remain Within A 

Defined Operational Area.

The DJI Phantom 3 and DJI Inspire 1 UASs 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 and DJI Inspire 1 UASs is provided at pages 25-35 of the DJI Phantom 3 

and pages 12-16 and 45-50 of the DJI Inspire 1 User Manuals, attached hereto as Appendix 

A and B.
19

iii. The DJI Phantom 3 and DJI Inspire 1 UASs Are 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 and DJI Inspire 1 UAs will remain 

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

Inspire 1 UAs do 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 and for the DJI Inspire 1 at pages 13 through 15 of the DJI Phantom 3 

and DJI Inspire 1 User Manuals, attached hereto as Appendix A and B.

iv. The DJI Phantom 3 and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 and DJI 

Inspire 1 GCS and flight control software is provided at pages 32 through 43 of the DJI 

Phantom 3 User Manual and pages 40 through 47 of the DJI Inspire 1 User Manual. DJI 

Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B.

b. Flight Operations Of DJI Phantom 3 and DJI Inspire 1 UASs Are 

Limited To The Line Of Sight Of A Certificated Pilot in Command With 

A Safety Observer.

BENJAMIN GULTCH will be the only person to act as a pilot in command (PIC) of the DJI 

Phantom 3 and DJI Inspire 1 UASs. Additionally, a safety observer will assist him during 

flight time.

c. Flights Of DJI Phantom 3 and DJI Inspire 1 UASs Will Be Conducted 

Pursuant To Specific Operating Limitations.

In seeking this exemption, BENJAMIN GULTCH proposes to commercially operate DJI 

Phantom 3 and DJI Inspire 1 UASs 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 and DJI 
20

Inspire 1 Unmanned Aircraft Systems. 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 UA 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.
21

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) maybe 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.
22

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 UASs 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.
23

20. The UA 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 CO A. 

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

the Administrator upon request.

21. The UA 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 UA loses communications or loses its GPS signal, it must return to a 

pre- determined 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

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 (CO A) 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.
25

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 Eire 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 Eire 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.
26

2. Reasons Why An Exemption From The Requirements Of Section 

61.113(a) And (b) Would Not Adversely Affect Safety.

BENJAMIN GULTCH 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 and DJI Inspire 1 UASs 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 or DJI Inspire 1 UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Considering BENJAMIN GULTCH’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 or DJI Inspire 1 UAS, 

BENJAMIN GULTCH submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for 

BENJAMIN GULTCH’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).

BENJAMIN GULTCH will not allow any PIC to operate the DJI Phantom 3 or DJI Inspire

1 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or 

the DJI Phantom 3 or DJI Inspire 1 UAS training and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 3 or DJI Inspire 1 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 find 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 BENJAMIN GULTCH’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:
27

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 flight-hour 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 experiencebuilding 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, BENJAMIN GULTCH will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 or DJI Inspire 1 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 or DJI Inspire 1 UAS in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because 

prior to every flight, BENJAMIN GULTCH will ensure that the DJI Phantom 3 or DJI

Inspire 1 UAS is in an airworthy condition based upon the UAS’s compliance with its 

operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, 
28

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, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the DJI Phantom 3 and DJI Inspire 1 UAs will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with BENJAMIN GULTCH’s operation of the DJI Phantom 3 and 

DJI Inspire 1 UAs within visual line of sight, at or below 500 feet AGL, will ensure a level 

of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point 

is automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 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, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section

91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 2 

and DJI Inspire 1 UASs; (2) the limitations on the proposed flight operations; and (3) the 

location of the proposed flight operations. Accordingly, BENJAMIN GULTCH will ensure 

that it will safely operate the battery powered DJI Phantom 3 and DJI Inspire 1 UAs during 

daylight hours in VFR conditions, with enough battery power to fly for a total duration of

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

fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 and DJI 

Inspire 1 UASs; the limitations on the proposed flight operations; and the location of the 

proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 and DJI 

Inspire 1 UASs provide audible and visual warnings to the PIC at the GCS when the UAs 

experiences low battery voltage, the first warning occurring at approximately 33% 
29

remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom 3 and DJI Inspire 1 UASs will descend and 

land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish 

that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 

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

herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would

Not Adversely Affect Safety.

In seeking this exemption, BENJAMIN GULTCH submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met 

because BENJAMIN GULTCH will use trained technicians to perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the BENJAMIN GULTCH Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 and DJI Inspire 1 

Instruction Manual). Furthermore, BENJAMIN GULTCH will document and maintain all 

maintenance records for the DJI Phantom 3 and DJI Inspire 1 UASs.

Since the DJI Phantom 3 and DJI Inspire 1 UASs will be inspected as prescribed by the 

operating documents, BENJAMIN GULTCH will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI 

Phantom 3 and DJI Inspire 1 User Manuals are attached hereto as Appendix A and B

Likewise, the exemption sought will not adversely affect safety because 

BENJAMIN GULTCH will use trained technicians to perform maintenance, 

alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established 

by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 

and DJI Inspire 1 UASs will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log.
30

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS 

are considered.

In consideration of BENJAMIN GULTCH’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom 3 and DJI Inspire 1 UASs, 

BENJAMIN GULTCH submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and

91.417(a) and (b). The FAA has previously granted relief 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, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, BENJAMIN GULTCH requests 

that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 

and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 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). Such special 

conditions will permit safe operation of the UAs for the limited purpose of conducting aerial 

video and photography over certain areas of the United States for compensation or hire. 

FMRA Section 333 sets forth the 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; and 

further, provides the authority for such UAS to operate without airworthiness certification in 

accordance with any requirements that must be established for the safe operation of the UAS 

in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 and DJI Inspire 1 UASs, since the airworthiness 

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due 

to the novel or unusual design features of the aircraft. Section 21.16, entitled Special 

Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 
31

finds necessary to establish a level of safety equivalent to that established in the 

regulations.

See 14 C.F.R. §21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Leading Edge’s intended operation of the DJI Phantom 3 

and DJI Inspire 1 UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 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).

• A Summary That Can Be Published In The Federal Register, stating: The 

Rules From Which BENJAMIN GULTCH Seeks Exemption:

BENJAMIN GULTCH seeks 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).

A Brief Description Of The Nature Of The Exemption BENJAMIN GULTCH 

Seeks:

This exemption will permit BENJAMIN GULTCH to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and 

photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support 

BENJAMIN GULTCH’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, BENJAMIN GULTCH’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above.

FMRA Section 333 sets forth the 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; and 
32

further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, BENJAMIN GULTCH will operate the DJI Phantom 3 and 

DJI Inspire 1 UASs safely in the NAS, without creating a hazard to users of the NAS, or the 

public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, BENJAMIN GULTCH 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 and DJI Inspire 1 UASs commercially, 

without an airworthiness certificate, for the limited purpose of conducting aerial video find 

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 

BENJAMIN GULTCH to safely, efficiently, and economically operate the DJI Phantom 3 

and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, BENJAMIN GULTCH 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 Leading Edge to operate the DJI 

Phantom 3 and DJI Inspire 1 UASs commercially for the purpose of conducting aerial video 

and photography over certain areas of the United States.

Dated: September 28, 2015
33

Respectfully submitted,

BENJAMIN GULTCH

BENJAMIN GULTCH 

16180 Elderlawn Parkway

Brookfield, WI 53005

920 284 3854
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Appendices:

A - DJI Phantom 3 Manual (See http://www.dji.com/product/phantom-3/download)

B - DJI Inspire 1 Specifications Data Sheet (See http://www.dji.com/product/inspire1/download)