Sean G. Bergemann

P.O.Box 424

W5911 Lake Street

Packwaukee, WI 53953

(608) 695-9141

snbrgmnn@gmail.com

Dear Sir or Madam: 

This petition is being submitted on my behalf without legal counsel or consulting

services. 

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

Act), and 14 C.F.R. Part 11, Sean G. Bergemann hereby applies for an exemption from

the Federal Aviation Regulations (FARs) listed below to allow operation of a Small

Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal

Aviation Administration (FAA) so long as such operations are conducted with and under

the conditions outlined herein or as may be established by the FAA as required by Section

333. 

The requested exemption would permit Sean G. Bergemann to pursue his commercial

interests in providing services to clients using a small advanced sUAV in the following

areas: Real Estate, Marketing, Land Management/Surveying, Structural Inspection, and

Special Events. Sean G. Bergemann states that all sUAS flights will occur over private or

controlled access property and will do so with the property owner's consent and

knowledge and that only people who have consented or otherwise have agreed to be

within the UAS’ radius during filming and photography applications.

All flights will occur in ordinance with any state or local laws regarding privacy.

I, Sean G. Bergemann, am seeking the exemption because I am committed to complying

with all of the rules, guidelines, limitations, and future legislation set forth by the FAA. I

agree to operate the sUAS in the manner that I have described, and for the purposes that I

have described. Without the exemption request granted, I would be unable to safely and

effectively run my business, and it is my intention to comply with the FAA and obtain an

exemption of the following regulations.

The following contains my list of regulations from which I am seeking exemption, and a

complete list of responsibilities I assume as operator; it also contains information

regarding the aircraft, public benefit and safety features, and similar petitions requests

granted.

Regulations from which exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 
14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9(b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.205(b) 

14 C.F.R. 91.215 

14 C.F.R. 91.401 - 91.417

I, THE OPERATOR, ASSUME THE FOLLOWING RESPONSIBILITIES

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3

when weighing less than 55 pounds including payload. Proposed operations of any other

aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine

compliance with the 87 knot speed restriction. In no case will the UA be operated at

airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL. 

5. The UA 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 or U.S.

driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The

VO 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 VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Administrator upon request. If a discrepancy exists between the conditions and

limitations in this exemption and the procedures outlined in the operating documents, the

conditions and limitations herein 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 or any

law enforcement official upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to this grant of exemption.

If the operator determines that any update or revision would affect the basis upon which

the FAA granted this exemption, then the operator must petition for an amendment to its

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

questions arise regarding updates or revisions to the operating documents. 

8. 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 prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the

UAS is in a condition for safe flight. The pre-flight inspection must account for all

potential discrepancies, e.g., inoperable components, items, or equipment. 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. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft

components. 

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

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state,

the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government. The PIC must also meet the flight review requirements specified in 14 CFR

§ 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under this exemption, including evasive and emergency maneuvers and

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

qualification flight hours and currency must be logged in a manner consistent with 14

CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs

(training, proficiency, and experience-building) and determining the PIC’s ability to

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

this exemption are permitted under the terms of this 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 CFR § 91.119. 
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP)

as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s management

is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the Administrator or

any law enforcement official upon request. 

17. 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. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a

pre-determined location within the private or controlled-access property. 

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

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS

and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request. 

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that

sufficiently protect nonparticipating persons from the UA and/or debris in the event of an

accident. The operator must ensure that nonparticipating persons remain under such

protection. If a situation arises where nonparticipating persons leave such protection and

are within 500 feet of the UA, flight operations must cease immediately in a manner

ensuring the safety of nonparticipating persons; and b. The owner/controller of any

vessels, vehicles or structures has granted permission for operating closer to those objects

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. The PIC, VO, operator trainees

or essential persons are not considered nonparticipating persons under this exemption. 
27. All operations shall be conducted over private or controlled-access property or over

publicly owned lands with permission from the property owner/controller, governing

body, or authorized representative. Permission from property owner/controller or

authorized representative will be obtained for each flight to be conducted. 

28. 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.

SIMILAR EXEMPTIONS

They are similar in all/or many material respects to relief previously requested in Grant of

Exemption Nos. 11062, 11109, 11112, and 11213

Public Benefit and Safety

Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial

video gathering platform due to the smaller devices cheaper equipment and personnel

cost, reduced noise and as such, a much smaller environmental impact which promotes

public safety. Sean G. Bergemann is petitioning for an exemption to operate a DJI

Phantom 3 with a built-in stabilized HD camera and GPS safety features which limit its

ability to limit the height it flies above ground level (AGL), to limit the radius of the

distance it flies from the operator and to exclude it from operations within designated

Class B, C and D airspace including a no-fly zone feature. 

The DJI Phantom 3 also has a failsafe function that is triggered in the event

communication is lost between the sUAS and the main controller transmitter. At that

time, the sUAS will return to its point of takeoff and land safety. If the connection is

restored, the PIC can regain control of flight and land manually.

While operating the sUAV it is my intention to act as an ambassdor of the safe and

effective use of sUAV's when operated within the appropriate perameters of the

regulations set forth by the FAA. 

These specifications meet with the Model Aircraft Operating Standards as set below: 

 The petitioner will only operate its sUAS in line-of-sight of a pilot and/or observer and

will operate at sites that are `sufficient distance' from populated areas within the sterile

area described in the FOPM. Such operations will ensure that the sUAS will "not create a

hazard to users of the national airspace system or the public." 

 When flying the sUAS within three (3) miles of an airport, airport operators will be

notified and the operator will give the right-of-way to avoid flying in the proximity of

full-scale aircraft. Maximum flight time for each operation will be 30 minutes. 
 Flights will be terminated when battery levels reach 25%, allowing sufficient reserve

flight time to safely land the sUAS. 

 The sUAS will be programmed so it will not be operated at an altitude that exceeds 400

feet AGL, and not more than 200 feet above an elevated platform from which

videography is planned. 

 Minimum crew for each operation shall consist of: sUAS pilot, and a visual sUAS

observer. 

 The sUAS PIC will be an FAA licensed airman holding a minimum of a Sport Pilot

certificate and a valid U.S. Drivers License. 

 The sUAS operated by the petitioner weighs less than 25 pounds, including all payload

(i.e. camera, lens, and stabilized gimbal). 

 The sUAS will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.