Brian Kulpa 

10200 Cavalry Circle

Reno, NV 89521

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

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

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

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

CFR 91.119(c); 14 CFR 91.121; 14 C.F.R 91.145(b); 14 CFR 91.151(a); 14 CFR 91.203 (a) 

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

91.417(a) and (b)

To Whom It May Concern:

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

Act”) and 14 CFR Part 11. I, Brian Kulpa, operator of an Unmanned Aircraft System (UAS), 

DJI Inspire 1, hereby applies for an exemption from the listed Federal Aviation Regulations 

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

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

FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) 

and sensors, would operate in the following manner:

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

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

activities.

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

television, public/sporting events, cinematography, and news gathering.

• Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority.

• Aerial video/photography of the aftermath of wildfires and drought 

conditions that are currently happening in Nevada & California.

• Aerial video/photography or providing live video feed to assist with 

search and rescue operations in cases of an emergency or natural disaster only when 

the local authorities or government has requested it by contract or donation.

• The ability to offer training to persons individually or belonging to both 

private and/or public organizations that have interests in the use and application of a 
UAS for the purpose of the safe operation of a UAS to enhance the safety of the 

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

property.

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

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

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

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

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

responsibilities to “....establish requirements for the safe operation of such aircraft systems 

in the national airspace system.”

The name and address of the applicant is:

Brian Kulpa Photography

Attn: Brian Kulpa 

Address: 10200 Cavalry Circle Reno, NV 89521

Ph: 413-464-1966

Email: Brian.Kulpa51@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 C.F.R 91.145(b)

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Brian Kulpa Photography will operate the DJI Inspire 1, Model T600, with a total weight of 

2935g or 6.47lbs. The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch 

x 11.85inch. Under still air the maximum speed is no more than 22m/s or 49mph with a 

cruising speed of 11m/s or 25mph. The DJI Inspire 1 has the ability to hover and move 

along a vertical and horizontal plane simultaneously. The DJI Inspire 1 has four motors, 

Motor Model DJI 3510, powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer 
battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 will 

be controlled with the C1 remote controller with an operating frequency of 2.400GHz – 

2.483GHz. The live video feed will have an operating frequency of 5.728GHz – 5.850GHz. 

The applicant will operate the UAS in line of sight within a closed off and predetermined 

area owned and/operated by the property representative. The DJI Inspire 1 has an app called 

The DJI Pilot App which allows the Pilot to monitor all aspects of the flight on the HUD. 

Attached along with this exemption request are all of the necessary documents and safety 

features of the DJI Inspire 1. 

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

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

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

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

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

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

the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

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

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

aircraft.

These limitations and conditions to which the applicant agrees to adhere to when conducting 

commercial operations under the FAA issued exemption as set forth in the Flight Operations 

Manual (FOM) include:

• The UAS will weigh less than 55 lbs.

• The UAS will have a maximum operating speed of no more than 50mph.

• Flights will be operated within line of sight of the Pilot in Command 

(PIC) and/or Visual Observer (VO).

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

Flights will be terminated at 30% battery power reserve or 30 minutes of flight time 

whichever occurs first.

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

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

which filming is planned.

• Minimum crew for each operation will consist of the UAS Pilot, the 

Visual Observer (VO) and may include but not limited to a Camera Operator.

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

Commercial Pilot’s License. If the PIC feels another operator to be qualified with the 

necessary skills to be PIC & possess a Commercial Pilot’s License, that person may be 

designated PIC provided they have a minimum of 50 hours of flight time with the 
UAS.

• A briefing will be performed regarding the planned UAS operations prior 

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

• All flights will occur under Visual Flight Rules Meteorological Conditions 

(VMC) only. In addition, an anemometer will be used prior to flight to measure wind 

speed, and atmospheric pressure in current flight location. 

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

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

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

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

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

duration, elevation of flight and other pertinent information.

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

light of the requested exemption, with the appropriate local Flight Standards District 

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

operation.

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

with the planned operation and ensure that only consenting persons will be allowed 

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

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

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

• The PIC and VO will have been trained in operation of UAS and receive 

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

• The PIC and VO will be able to communicate by voice, radio, and/or text 

at all times.

• Written and/or verbal permission and permits will be obtained from 

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

appropriate governmental agencies.

• If the UAS loses communications with the remote controller or loses GPS 

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

designated location and land autonomously.

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

obstacles, weather, or emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for 

the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size 

and limited operating area associated with the aircraft to be utilized by the Applicant, an 
exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt 

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

weight, speed, operational capability, and proximity to airports and populated areas of the 

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

without an airworthiness certificate, in the restricted environment and under the conditions 

proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed. 

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements. The FAA will have 

advance notice of all operations. These safety enhancements provide a greater degree of 

safety to the public and property owners than conventional operations conducted with 

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

these same criteria demonstrates that there is no credible threat to national security posed by 

the UAS, due to its size, speed of operation, location of operation, lack of explosive 

materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 

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

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

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

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

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

"provisional," as applicable. 

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

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

“Experimental” can be placed. Given the size of the UAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f). 

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

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

the identification of the UAS as “Experimental.” 

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

Command.

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

as a pilot in command of an aircraft that is carrying passengers or property for compensation 
or hire. Brian Kulpa Photography may achieve an equivalent level of safety as achieved by 

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

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

in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Private 

Pilot’s License along with a minimum of 50 hours of flight time which exceed the safety 

levels in relation to 14 CFR 61.113 (a) & (b). I feel the operation and limitations set forth in 

the FOM will equate to the safe operation of the UAS.

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

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

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

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

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

flight an equivalent level of safety will be provided. Prop locks have been issued for this 

aircraft so the possibility of a prop flying off mid flight is inevitable which also achieves a 

higher safety factor. 

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

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

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

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

Manual, approved manual material, markings, and placards, or any combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight 

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

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it. If for some reason the Pilot forgets the flight 

manual, The DJI Pilot app has all documentation indicated in the hard copy manual, 

electronically built into the application on your smart phone or tablet. 

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

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

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

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

Section 4 under Normal Procedures including but not limited to reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight. Before the aircraft takes flight, a home GPS location will be set for any 

reason the aircraft becomes disoriented in flight, and return safely to home. 

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

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

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

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

controls. Flight control is accomplished through the use of a control box that communicates 
with the aircraft via radio communications. The FAA has approved exemptions for flight 

training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the 

aircraft. 

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

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

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

operating the helicopter complies with any route or altitudes prescribed for helicopters by 

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

authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated 

platform from which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph a structure 

whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above 

the highest point on the structure. It will however be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without 

their pre-obtained consent. It also may be operated over open water close to shore keeping a 

distance of 500 feet as indicated in Section 91.119 (c).

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as 

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

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

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

flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS 

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

aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings.

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

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

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

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

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

and live flight data monitoring, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. The DJI Inspire 1 uses DJI Vision Positioning. It is a 

positioning system that uses ultrasonic and image data to help the aircraft identify its current 

position. With the help of Vision Positioning, the Inspire 1 can hover in place more precisely 

and fly indoors or in other environments where there is no GPS signal available. The main 

components of DJI Vision Positioning are located on the bottom which include two sonar 
sensors and one monocular camera. This provides an significant level of safety. 

14 C.F.R §91.145(b) Management of aircraft operations in the vicinity of aerial 

demonstrations and major sporting events

CFR 91.145 states:

(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or 

major sporting event not listed in paragraph (a) of this section, the FAA considers the following 

factors:

(1) Area where the event will be held.

(2) Effect flight restrictions will have on known aircraft operations.

(3) Any existing ATC airspace traffic management restrictions.

(4) Estimated duration of the event.

(5) Degree of public interest.

(6) Number of spectators.

(7) Provisions for spectator safety.

(8) Number and types of participating aircraft.

(9) Use of mixed high and low performance aircraft.

(10) Impact on non-participating aircraft.

(11) Weather minimums.

(12) Emergency procedures that will be in effect.

If Brian Kulpa Photography intends to use the UAS to cover sporting events from outside the 

activity, coordination will be completed by contacting the FSDO prior to the event to ascertain 

the presence of any other unmanned activities. Flight activity will be conducted based on safety 

and with particular attention to the avoidance of overflight of large concentrations of people. 

However, specific relief from this regulation is still necessary to ensure compliance with 

FARs.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to 

fly to the first point of intended landing, and, assuming normal cruising speed -(1) During 

the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes.” 

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

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

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area 

and the location of its proposed operations within a predetermined area, a longer time frame 

for flight in daylight or twilight VFR conditions is reasonable. 

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

exemptions. Operating the UAS, in a tightly controlled area where only people and property 
owners or official representatives who have signed waivers will be allowed, with less than 

30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS 

flights to 10 minutes would greatly reduce the utility for which the exemption will be 

granted. Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 30% of battery power— whichever happens first. This restriction 

would be more than adequate to return the UAS to its planned landing zone from anywhere 

in its limited operating area. 

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

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within 

it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

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

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

display them on the UAS. 

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

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

extent they are applicable to the UAS. Again if Pilot forgets documents, all documents can 

be achieved via the DJI Pilot App. 

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

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

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

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

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

with Part 43. 

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

these sections will not apply to the applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of safety 

will be achieved because the UAS is very limited in size and will carry a small payload and 

operate only in restricted areas for a limited period of time. If mechanical issues arise the 

UAS can land immediately and will be operating from no higher than 400 feet AGL. The 

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

required maintenance, and keep a log of any maintenance performed. Most importantly, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft 
in an airworthy condition to provide the equivalent level of safety. 

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

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

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

perform required maintenance needed.

Additional Information

The applicant, Brian Kulpa, has been involved in the building and the piloting of remote 

controlled aircraft for more than 10 years. He is a member of the Academy of Model 

Aeronautics. He has logged more than 900 hours on RC Helicopters, Planes, and sUAS. He 

Currently has logged more than 100 hours on the Inspire 1 between the built in flight 

simulator on the DJI pilot app that simulates the true functionality of the aircraft to authentic 

flying in real life scenarios. Also the primary pilot, Brian Kulpa, has an in-depth 

understanding of the capabilities and safety concerns involved in using this technology as an 

asset to the community. The technology can be used in such a way that it benefits the 

community as a whole and can educate future pilots in a safe environment. The satisfaction 

of criteria provided in Section 333 of the Reform Act of 2012 provides a level of safety that 

should be satisfactory to the FAA and general public. In view of the beneficial advantages 

to public safety, I respectfully submit my Section 333 exemption request for allowing the 

commercial operation of the applicant’s UAS.

Sincerely,

Brian Kulpa

Brian Kulpa Photography

Attn: Brian Kulpa

10200 Cavalry Circle

Reno, NV 89521

Brian.Kulpa51@gmail.com