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Daniel J..Berndt

1606 Hatterdale Farm Rd.

Blountville, TN 37617

Residence: djberndt25@gmail.com

Work: dberndt@bh.com

423-444-9165 (Cell)

United States Department ofTransportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor RoomW12-140 

Washington, DC20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal

Aviation Regulations from 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14

C.F.R. 91.7 (a); 14 CFR 91.9 (b) (2); 14 C.F.R. 91.103(b); 14 C.F.R. 91.109; 14 C.F. R. 91.119; 14

C.F.R. 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1);

14 CFR 409 (a)(2) ; 14 CFR 417 (a) &(b)

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11,

Daniel J. Berndt, operator of Small Unmanned Aircraft Systems (sUAS), hereby applies for an

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its

sUASs, so long as such operations are conducted within and under the conditions outlined herein or as

may be established by the Federal Aviation Administration (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:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professionalactivities.

2. Aerial video/photography or providing live video feed to assist with search andrescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

3. Aerial video and/or photography for public and/or private use including television, public

events, cinematography and news gathering.

4. Aerial inspection/photography of residential/commercial utility infrastructures including but 

not limited to electrical power lines, and other structures.

5. The ability to offer training to persons individually or belonging to both private and/or public

organizations that have interests in the safe use and operation of a UAS.
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BACKGROUND

sUAS DJI Phantom 3 Professional, DJI Inspire Pro, 

Daniel J. Berndt seeks an exemption to operate DJI for compensation or hire within the NAS. The DJI 

line of sUAS include Phantom 3 Professional and Inspire 1 Professional. These aircraft are vertical 

takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing

electronic tablet or smart phone systems. The DJI aircraft specifications are as follows: Phantom 3 has a 

maximum gross weightof approximately 2 pounds 11 ounces, while having a length of 16 inches width

of 16 inches, height of 8 inches, and a maximum speed of approximately 35 mph. 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 49 mph. 

The DJI will be operated by Daniel J. Berndt, 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.

Specifically, each UAS is: A lightweight (< 55.0 lb gross weight with all on-board equipment), battery

operated 4- motor rotorcraft in the form of a quad copter that takes off and lands vertically, manufactured

by DJI with the followingequipment:

− An on-board flight computer with GPS navigation and location ability that receives signals for flight

controls from a ground-based transmitter/controller.

− A radio receiver receiving live video and flight data from the on-board camera and computer projects 

composite data onto a monitor for the UAS operator to monitor during flight.

− An on-board camera capable of capturing imagery in the form of full color, high definition still photos

and video.

− An on-board telemetry system that delivers flight data from the on-board flight computer to the onboard

radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and

direction back to its departure location.

− All aircraft operate on a frequency band of 2.4 GHz and/or 5.8 GHz. The aircraft on-board radio

transmitter transmits live video from the on-board camera plus all the flight data from the telemetry

system described above.

− A UAS operator will be in operational control of a flight operation from liftoff to landing. 

− A Visual Observer will be utilized whenever there are obstacles in the flight pattern. An assessment 

will be conducted prior to each flight to increase situational awareness of the surroundings and to 

identify any hazards in the area. 
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BASIS FOR PETITION

Petitioner, Daniel J. Berndt 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 petition the Administrator to commercially operate the DJI sUAS in the National Airspace System

(NAS), and for an exemption from the requirements of 14

C.F.R §§ 21 subpart H, 61.113(a)&(b), 91.7(a), 91.9(b)2,91.103, 91.121, 91.151(a),

In consideration of the speed, weight, size, and limited operating area associated with the unmanned

aircraft and its operation, Daniel J. Berndt's operation of the DJI Phantom 3 Professional and DJI Inspire 1

sUAS 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 H. Accordingly, Daniel J. Berndt 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.

Daniel J. Berndt submits that the requested relief is proper since an equivalent level of safety

will be ensured. Daniel J. Berndt will use experienced personnel or technicians to perform

maintenance, alterations, or preventive maintenance on the sUAS using the methods, 

techniques and practices prescribed in the operating documents (i.e., Maintenance Log, DJI

Instruction Manuals and DJI Safety Guidelines. Furthermore, Daniel J. Berndt will document 

and maintainall maintenance records for the DJI sUAS. Daniel J. Berndt will ensure that the

DJI and/or 3D Robotics UAS/s are in an airworthy condition prior to each flight.

Daniel J. Berndt seeks relief from Section 45.23(b) Which states that when marks include only the Roman 

capital letter “N” and the registration number is displayed on limited, restricted orlight-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. The size of the UAS is too small to fit the required markings on the fuselage. A smaller

type or different designation could be used. In accordance with established FAA Rules, the sUAS will be 

marked as required.

Daniel J. Berndt seeks relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, to the extent necessary to allow a Pilot in Command (PIC)

holding 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 sUAS in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles andstructures.

Daniel J. Berndt also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the DJI nor the 3D Robitics UA will not have a typical barometric altimeter

onboard. However, altitude information of the UA 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 Daniel J. 

Berndt' operation of the DJI / sUAS within visual line of sight, at or below 400 feet AGL, will ensure a 

level of safety equivalent to Section91.121.
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Additionally, Daniel J. Berndt seeks an exemption from the requirements of Section 91.151(a), 

entitled Fuel requirements for flight in VFRconditions.

Daniel J. Berndt submits that safety will not be affected by operation of the DJI sUAS aircraft 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 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.

Daniel J. Berndt provides the following information in support ofthe petition for

exemption:

Maintenance:

To ensure safe operational control a maintenance program will be followed. Scheduled and preventive

maintenance shall be documented and only quality replacement parts will be used in accordance with 

DJI’s recommended procedures.

Safety:

As a FAA licensed commercial helicopter pilot and Certified Flight Instructor I am a proponent for safe 

operations and introductions of the sUAS into the NAS. Utilizing the knowledge and experience gained 

in obtaining these ratings as well as the information available from the Safety Guidelines and Manuals of 

the manufacturer (DJI), all available safety precautions will be taken prior to flight. 

Pre-Flight Inspection:

A pre-flight inspection will be conducted prior to each flight in accordance with DJI’s Guidelines. , 

While in flight the aircraft will be closely monitored utilizing the ground station.

Before each flight, the UASs operational condition will be inspected for damage anddeterioration,

with close attention to the propellers for cracks, wear, or apparent damage. Replacement ofthe

propellers will done on a periodic basis, even if obvious wear isn't visible. All discrepancies will be

recorded in the aircraft logbook to include: parts replaced, the purpose for replacing, and the

manufacturer of the parts.

Situational Awareness:

To ensure safety and situational awareness the spotter will be trained on Situational Awareness and 

Human Factors. Hazards in the flight area will be discussed and constantly emphasized during the 

operation.

Populated Areas:

All non-essentail personnel will be removed from the immediate area. No flights over heavily populated

areas like stadiums, schools, malls, casinos, and the like during operating hours will be conducted. 

Respect for Personal Privacy:

Daniel J. Berndt will not operate the aircraft in any manner that will interfere with someone’s privacy 

or disruption of their ability to enjoy their surroundings, such as a park or picnic area. .

Airports:

According to FAA rules and current guidelines and to ensure the safety of aircraft operating in the NAS,

there will no flight in or around airports unless explicit permission is granted according to current FAA

regulations.
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Weather:

To ensure safety of spotter, agents, property owners, pet and wildlife flights will be conducted in optimal

weather conditions. Flights will not be conducted in winds gusting to above 20 mph.

Return-to-Home Feature:

In the event the DJI sUAS experiences a loss of signal or runs critically low on battery 

the DJI sUAS have a GPS controlled return to home feature. The "home" isset upon 

flight startup. - Auto Return-to-Home &Landing.

Confined Areas:

Confined areas present a set of challenges that may require one or more observers. In 

this situation an appropriate number of spotters will be positioned in close proximately 

to hazards. Constant communication will be maintained between the UAS operator 

and every observer. 

Line of Site:

The UAS will always be within the line of site of the pilot and spotter. If line-of-site 

is disrupted the return home feature will be activated. If the UAS operator regains 

line-of-site and the aircraft is performing correctly the operation may continue. 

Height/Altitude:

Flights will not exceed 400 ft AGL above subject properties at any time and in most cases altitudes will 

not exceed 300 ft. AGL.

Pilot Qualifications:

The Pilot in command, specific to this exemption request, holds a valid Commercial Pilot Certificate 

(Rotorcraft), Certified Flight Instructor (Helicopter), Instrument Helicopter and current Class II medical 

certificate. The Pilot will take the appropriate preflight action to appropriately check for TFR’s, SUA’s 

as well as airport proximity using the same tools available as when conducting flight operations under the 

current certificates.

Summary

Section 61.113(a) and (b) prescribesthat 

(a) 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; nor may that person, for compensation or hire,

act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command 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.

The UAS is not capable of carrying passengers or cargo aside from the mentioned gimbal mounted 

camera.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.

There are no specifications on what makes a sUAS airworthy. However, as previously mentioned 

Daniel J. Berndt will follow the DJI Safety Guidelines which consist of a pre-flight inspection of the 

sUAS to determine limited airworthiness of the aircraft, to include condition of batteries, propellers, 

general operation and previous damage.

Section 91.7(a) prescribes that the pilot in command of a civil aircraft is responsible for determining

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.
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Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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.

Supplemental materials will include equipment and flight manuals issued with the sUAS to include the 

Manufacturers (DJI) Manual and Safety Guideline.

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at

airports of intended use, and takeoff and landing distance information.

All landing zones will be thoroughly checked and flight areas reviewed before any flights are made, to 

include but not limited to SUA, TFR’s, airport and heliport proximity .

Section 91.109(a) prescribes, in pertinent part, 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.

The system is not available with dual controls, though with the sUAS size and training in safe areas 

the instruction could be contained to a safe altitude and area where safety can be optimized for all 

involved.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an

aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to

persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of

2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or

sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted

without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or

(c) of this section, provided each person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA;and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums

prescribed in paragraph (c) of this section.

Due to altitude restrictions and the desire to avoid passenger carrying aircraft the sUAS will not be 

operating at an altitude above 400’ (AGL) with typical altitudes being less than 300’ (AGL).

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the

chapter.

As there are no current maintenance requirements for UAS of this type it is not possible to meet this 

requirement.

Section 91.121 requires, in part, 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 beforedeparture.”

The sUAS intended operations of 400’AGL or below would not require the maintenance of typical 

VFR cruising altitudes. However, to determine flight altitude of less than 400’ (AGL) the pilot will 

monitor the ground station that receives GPS data indicating the height above ground level, which 

will be used in conjunction with pilot experience. The GPS system will reference departure altitude 

for each flight and the same GPS system will be utilized for the Return to Home function of the DJI 

sUAS.
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Section 91.151(a) prescribes that no person may begin 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.

Daniel J. Berndt will operate the sUAS until the 25% of the battery remains. All sUAS are additionally 

equipped with a low battery failsafe that allow the UAS to safely land when little battery remains.

The UAS are not propelled by fuel and will operate only within the safety constraints of the UAS 

battery life.

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration

certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft

registration Application as provided for in §47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the

airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or

cockpit entrance so that it is legible to passengers orcrew.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to

service by a person authorized under § 43.7 of the samechapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the

preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter.

There are currently no airworthiness certificates for the UAS to be used and also as there is no cabin 

cockpit or passenger compartment on the UAS. Therefore it is not possible to store certificates on 

board the craft.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) 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 the100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for eachaircraft

(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 tothe

Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return toservice.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and eachrotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, andappliance.

(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 aremaintained.

(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 isrequired.

(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 issold.
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(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.

Records of maintenance to the sUAS to include motor replacement will be maintained, as well as 

propeller changes and any repairs or fixes to the gimbal, electronics, and camera system. Typical 

“Maintenance” records may not be applicable due to the relatively inexpensive cost of completely 

replacing parts instead of repair them.

Conclusion

Daniel J. Berndt is a retired law enforcement officer and served in that capacity as a Commercial 

Helicopter Pilot, certificate #3129487. In addition, Daniel J. Berndt holds a rotorcraft Certified Flight 

Instructor rating as well as a Helicopter Instrument rating. Recognizing the potential benefits of the 

sUAS in emergency services, I am an advocate of the introduction of the sUAS in the NAS, provided it 

is done with respect for other air traffic. I intend to utilize my experience and training to ensure safe 

operations of the sUAS in the NAS and will encourage other operators accordingly.

Daniel J. Berndt’s Petition for exemption demonstrates the appropriate safeguards and criteria, including

weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS

and national security concerns Congress expressed in Section 333 of the FAA Modernization and Reform

Act of 2012 (FMRA), which will permit safe commercial operations of the DJI and 3D Robotics aircraft. 

By granting this Petition, theFAA 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

Daniel J. Berndt to safely operate the DJI sUAS commercially within theNAS.

Thank you for considering my requests in these exemptions. Please contact me if you have any 

questions or concerns.

Manufactures instruction manuals are available upon request.

Respectfully,

Daniel J. Berndt

1606 Hatterdale Farm Rd.

Blountville, TN 37617

Residence: djberndt25@gmail.com

Work: dberndt@bh.com

423-444-9165 (Cell)