May 21st, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

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

Reform Act), Colorado Aerial Imaging LLC., Greg Bergin, Mike Robinson and Matt 

Talafuse (the co-applicants) and planned operators of Small Unmanned Aircraft 

Systems (sUASs) equipped to conduct aerial photography, videography and survey for 

various industries hereby applies for an exemption from Federal Aviation Regulations 

(FARs) to allow commercial operation of their sUASs, 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.

Business Details

Colorado Aerial Imaging LLC.

Greg Bergin

15720 E. Buffalo Gap Lane

Parker CO, 80134

303-349-4685

greg@coaerialimaging.com

Colorado Aerial Imaging LLC. (CAI) is co-owned by Greg Bergin, Mike Robinson 

and Matt Talafuse. All are veterans and have served multiple tours to Iraq as UH60 

Crew Chiefs. Greg and Matt are professional firefighters and Mike is a safety officer for 

United Power utility company. All owners understand safety is paramount as they deal 

with life safety issues day in and day out in their daily jobs. Not only is CAI looking to 

use sUASs to deliver a product to a customer, we are also looking to be a champion of 

the sUAS industry by building relationships throughout the community. Being 

approachable, answering questions and upfront will go far in educating the public to 

merit of sUASs and that the word “drone” does not need to be a negative thing.

Previous exemptions granted to similar businesses

The following is list of recent exemptions granted to business with similar 

operations and equipment:

Exemption # 11458 5/5/2015 Christopher Gardner

Exemption # 11464 5/5/2015 Michaels Drone Photography

Exemption # 11455 5/5/2015 High Flight Photo
Type of Aircraft Operated by CAI

#1- DJI F450 

NAZA M V2 Flight Computer

Spektrum DX8 TX/ AR8000 RX

AUW- 4 lbs.

#2- DJI Phantom 2 Vision + V2

Stock setup with DJI TX

AUW 2.8 lbs.

#3- Quanum 680 UC Pro Hex-Copter

NAZA M V2 Flight Computer

Spektrum DX8 TX/ AR8000 RX

AUW – 7.9 lbs.

.How will our request benefit the public as a whole?

CAI is looking to provide affordable, safe options for aerial photography and 

power line/ substation inspections as well as various uses by Fire and Law entities.

Utilizing sUASs removes the need for full size aircraft, fuels and noise. Risk is mitigated 

by removing the required onboard crew from low and slow operating aircraft.

Fire, Rescue and Law

Having knowledge of all aspects of fire rescue, CAI is hoping to nurture 

relationships with local Fire, Law and Rescue entities to provide much needed services. 

CAI envisions sUASs being utilized on all types of incidents. 

At a structure fire, an incident commander’s inability to visualize the roof under 

which firefighters are operating has proven to contribute to injuries and fire ground 

deaths. Roof conditions, locations of HVAC units and just an overall view of building 

layout will go far for increasing firefighter safety. 

Located in the foothills of Colorado, local fire departments are routinely called to 

injured hikers, crashed mountain bikers and lost parties. Unfortunately, many of these 

parties are unfamiliar with the trail systems. Cell phone “pinging” will get the general 

vicinity of the call, but the use sUASs as an “eye in the sky” will greatly reduce the trial 

and error approach of determining which trail the victim is located on. 

Law enforcement routinely contacts fire departments to provide a ladder truck 

for “aerial photographs” of accident or crime scenes. The downside to this operation is 

the fact that ladder truck is now out of service or out of position for emergency calls. 

The use of sUASs for law enforcement photography allows the fire trucks to remain 

available for other emergency calls. 

These are just 3 examples of use of sUASs in coordination with Fire and Law. The 

more discussions that occur, the more benefits will be realized. 
Utility

Utility workers are regularly exposed to high voltage, electrical flash, Heights, and 

environmental dangers. Multicopter operations would potentially eliminate, or mitigate 

all of those risks to utility linemen. To ensure the reliability of our electrical system, 

power lines must be patrolled regularly through harsh and unforgiving terrain. When 

there is need for a closer inspection there is no choice but to have a lineman climb up 

for a closer look, exposing them to electrical flash, electrical contact and falling hazard. 

Multicopters will remove a person from those unnecessary exposures. It will also allow 

faster and more cost efficient inspections ensuring system reliability. When the use of 

thermal imaging is added to the process, it could find a potential problem before it 

causes system damage or more importantly injury to an employee or a member of the 

public. The use of Multicopters in these dangerous jobs will lower risk, increase system 

reliability, and most importantly protect lives. CAI working in conjunction with United 

Power Utility is hoping to create operating standards for the integration of sUASs 

within the utility industry. See attached letter.

Photography

Utilizing sUASs as an aerial based photography platform provides opportunities 

for photographic shots not provided by other means. For the lay public or small 

business, full size aircraft for projects is just not feasible. CAI will bring aerial 

photography/videography to more businesses and artists. 

How will our request not adversely affect safety or 

provide a level of safety equal to an existing rule?

The Reform Act directs the Secretary of Transportation to consider whether 

operation of UAVs can occur in the national airspace system (NAS) before the 

completion of the rulemaking required under Section 332 of the Reform Act.

CAI and all involved parties believe it is possible to operate sUASs so to not create a 

hazard to the National Airspace System (NAS), the public or pose a threat to national 

security. CAI has demonstrated their willingness to act safely and responsibly by not 

engaging in commercial sUAS operations until the 333 exemption is granted. During 

our feasibility study, we determined that there are many operators offering their 

services to real estate agencies and parties in need of aerial photos. It is our feeling 

that these type of operations, while may offer a quick fix, contribute to the negative 

attitude of the UAV. CAI is hoping to increase the safety by being professional, trained, 

insured and FAA compliant.
CAI operators will operate under the following conditions, which provide for safety 

equivalent to, if not exceeding the level required for manned aircraft

 Safety will be the first and foremost consideration in any sUAS operation

 The sUASs planned to be operated are rotorcraft and fixed wing aircraft, each 

weighing far less than 55 pounds including payload

 They would operate, under normal conditions, at a speed of no more than 50 

knots. 

 All operations will be conducted below 400' AGL. Altitude will be monitored via 

on screen display or telemetry

 Operations will be conducted during the day under visual meteorological 

conditions

 Aircraft will remain within Visual Line of Sight of the PIC or VO (visual observer)

at all times

 PIC and VO will remain in voice contact during the entire flight

 PIC shall complete a full pre-flight inspection

 CAI will utilize additional observers or signage when operations are conducted 

close to public activity

 Operations will only be conducted with permission from the appropriate 

land/property owner

 All required permits will be obtained from state and local government prior to 

operation

 The aircraft will not be operated over populated areas, large gatherings or 

heavily traveled roads.

 Flight planning will include flight completion with at least 25% battery power 

remaining as measured by the sUAS flight computer or appropriate timing

 All aircraft are equipped with and will utilize GPS navigation, failsafe, return-tohome (RTH) and/or flight abort safety features

 The aircraft will not be operated within 5 NM of a public airport or heliport

 A briefing will be conducted in regard to the planned sUAS operations prior to 

operation at each new location. All personnel who will be performing duties 

within the boundaries of the area of operation will be present for this briefing

 The sUAS pilot will be trained in advance for the safe operation of the sUAS to be 

operated. This will include operation of the sUAS both in normal and emergency 

modes of operation, and will include familiarization with the operation manual. 

Training will also include types of maneuvers to be performed and the safe 

operation in relation to persons, property and applicable airspace.

Routine maintenance and repairs are instrumental in safe operations. All 

maintenance/overhauls/repairs will be completed according to manufacturer 

instructions. Following all maintenance procedures, a test flight will be conducted in a 

remote area to assure all systems are operational prior to any operations for 

customers. Repairs and flight times will be documented to aid in tracking the life cycle 

of critical components (ie; batteries, motors and speed controls)
The regulations from which the exemption is requested 

as well as how CAI intends to provide an equal to or 

greater level of safety are as follows: 

-14 CFR 45.23, 45.27 and 45.29 - Display of Marks, Location and Size

Due to the size of the sUAS, the required markings will be difficult to meet the 

minimum size standards. Also, due to the fact there is no cockpit and no persons shall 

be transported on sUASs, displaying “experimental” at any location on the aircraft is 

not necessary. “Colorado Aerial Imaging” as well as contact information shall be 

displayed on all aircraft in an easy to locate location.

-14 CFR Part 21 Subpart H, 91.7(a) and 91.203(a) and (b) - Civil Aircraft: 

Certifications Required

Carrying of civil aircraft certifications “onboard” or “displayed at the cabin or 

cockpit entrance” is not feasible due to size and no cockpit in the sUAS. All applicable 

documentation shall be available on location where the pilot has immediate access to 

them.

-14 CFR 61.113 and 14 CFR 61.133- Private Pilot Privileges and Limitations: Pilot 

In Command

Private pilots may not act as pilot in command and may not carry passengers or 

property for compensation. The objective of CAI is to conduct flights for compensation, 

although an equivalent or higher level of safety is achieved due to the fact there will be 

no pilots or persons on board. All equipment carried shall be the property of CAI. 

While helpful, a commercial pilots’ license will not ensure remote control piloting skills. 

The risks of operating a sUAS are far less than the risk levels inherent in the commercial 

activities. 

An equal to or higher level of safety will be achieved through following methods:

 All CAI pilots have at least 12 years of RC experience and are current AMA 

members with no major accidents/injuries. This experience includes fixed wing, 

rotary and multirotor aircraft. 

 CAI pilots have conducted numerous “practice flights” as a hobbyist to assist in 

determining the feasibility of starting a business. Each pilot has over 150 flights 

with their aircraft in various temperatures, winds and weather

 Utilization of computer based simulator to maintain proficiency and allow 

practice in all conditions as well as emergency procedures for simulated failures

(Phoenix Flight Sim, Real Flight Simulator)
 Training through some of the many online/hands-on offerings from respected 

sUAS training facilities (Unmanned Aerial Experts, UAVSA)

 We are aware of the reference to the Unmanned Aircraft Operator Certificate with 

Small UAS Rating as well as the Initial Aeronautical Knowledge Test referenced in 

NPRM 14 CFR Part 107 and Vol. 80, No. 35 Federal Register dated February 23rd, 

2015. CAI strongly agrees with this proposed course of action and will await a 

final ruling.

-14 CFR 91.9 (b)(2): Civil Aircraft Flight Manual, Marking and Placard 

Requirements

Carrying of a flight manual onboard is not applicable due to the size of the sUAS.

An equal to or higher level of safety will be achieved by through familiarization of 

manufacturer limitations and procedures. All manuals will be easily accessible for 

reference at the location of the flight.

-14 CFR 91.103- Preflight Action

Prior to arriving at flight location, current and predicted weather, distances from 

airports as well as local hazards (power lines, towers, high occupancy areas) will be 

obtained. As stated above, a preflight briefing shall occur to include discussion 

regarding weather, emergency procedures, hazards and alternate landing locations.

-14 CFR 91.109- Flight Instruction: Simulated Instrument Flight and Certain 

Flight Tests

Dual controls for the purpose of flight instruction is not applicable in the sUAS

operation. Should a need for instruction arise, several methods of training are available. 

During designated training flights, the utilization of a “buddy box” system with 2 

transmitters will provide an equivalent to or higher level of safety. Additionally the use 

of computer based flight simulators provide the ability to conduct training with no 

safety concerns.

-14 CFR 91.119- Minimum Safe Altitudes: General

The sUAS shall be operated well below 400 AGL standard. As a PIC of the sUAS, 

being aware of the altitude minimums (with an emphasis on helicopters as they may be 

operated lower altitudes more often) is integral to safely operating sUASs. 

-14 CFR 91.121- Altimeter Settings

All sUASs operated by CAI utilize GPS altitude and/or barometric altimeters

(Spektrum) with data transmitted to the operator via telemetry and on screen displays.

-14 CFR 91.151 (A): Fuel Requirements For Flight In VFR Conditions

An equivalent or higher level of safety is achieved in the fact that sUASs do not 

carry fuel. As stated above, all flights shall be planned and conducted with a minimum 

of 25% remaining battery power. 
-14 CFR Subpart E (91.401-91.417) - Maintenance, Preventative Maintenance And 

Alterations

These regulations apply to aircraft requiring an airworthiness certificate. Adhering 

to manufacturer recommended maintenance, full pre-flight and post flight inspections 

as well as documenting all maintenance performed will provide an equal to or greater 

than level of safety. After any maintenance has been completed, a test flight shall be 

conducted in a safe, non- populated area prior to any commercial flight.

Summary

As the demand grows for aerial based photography applications, so will the 

temptation of individuals to utilize non-compliant operators. CAI can deliver a product, 

safely by abiding by all the rules and regulations. It is the applicant's belief that the 

size, speed, operating environment, limitations and level of applicant's experience 

outlined provides an "equivalent level of safety or better” when operating a sUAS for 

the public interest as outlined in Section 333 in the FAA Modernization and Reform Act 

of 2012. lt is requested that the FAA issue an exemption to permit safe, legal, 

commercial sUAS operation by the applicant as soon as possible.

ReferencesDue to the size of the files, attaching them to this document did not seem prudent. The 

operator manuals can be accessed at utilizing the following links:

DJI Naza M V2 Flight Control Module –

http://download.dji-innovations.com/downloads/nazam-v2/en/NAZAM_Quick_Start_Guide_v1.26_en.pdf

DJI Phantom 2 Vision + -

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_

Manual_v1.8_en.pdf

DJI F450 Flamewheel –

http://download.djiinnovations.com/downloads/flamewheel/en/F450_User_Manual_v2.1_en.pdf

Spektrum DX8 -

http://www.horizonhobby.com/pdf/SPM8800-Manual_EN.pdf