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Daniel J..Berndt 1606 Hatterdale Farm Rd. Blountville, TN 37617 Residence: djberndt25@gmail.com Work: dberndt@bh.com 423

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-9165 (Cell) United States Department ofTransportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor RoomW12

-140 Washington, DC 20590

**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 ofthe 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 ofresidential/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.2 | Page **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 ofAircraft, 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 following equipment:

− 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.3 | Page

**BASIS FOR PETITION**  Petitioner, Daniel J. Berndt pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rulesfor Certain UnmannedAircraft 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 ofthe speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Daniel J. Berndt's operation ofthe DJI Phantom 3 Professional and DJI Inspire 1 sUAS meets the conditions ofFMRA 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 s UAS. 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 ofthe 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 Privatepilot 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 ofthe 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 ofthe flight path. This altitude information, combined with Daniel J. Berndt' operation ofthe DJI / sUAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section91.121.4 | Page

Additionally, Daniel J. Berndt seeks an exemption from the requirements of Section 91.151(a), entitled Fuel requirementsfor 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 inform ation in support of** **the 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. **Saf e** **ty:** 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 of the 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 A reas** : All non-essentail personnel will be rem oved from

t he 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.5 | Page

**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.
**R eturn** **- 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" is set 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 ofthe 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 u nder the current certificates. 

### Summary Section 61.113(a) and (b) prescribes that (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 s** **UAS airworthy . However, as previously mentioned**  **Daniel J. Berndt will follow the DJI Safety Guidelines which consist of a pre**
**- flight inspection of the**  **sUA S 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.6 | Page

Section 91.9(b)(2) prohibits operation ofU.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 ma** **terials will**  **include equipment**  **and flight**  **manuals issued**  **with the**  **s UAS**  **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 zone**

**s 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 s** **UAS 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. Ifthe 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) ofthis 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 ofthe same part and shall, between required inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part 43 ofthe 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 ofthe departure airport or an appropriate altimeter setting available before departure.” **The s** **UAS 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 hei**  **ght 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.** 7 | Page

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 s UAS until the 25% of** **the battery remains. All**  **s UAS 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 ofthe 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 p** **assenger 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 the 100

-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 to service. (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 ofthe 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. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by § 43.9(d) ofthis 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) ofthis 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) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold.8 | Page

(3) A list of defects furnished to a registered owner or operator under § 43.11 ofthis 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 sy stem.**  **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 ofthe DJI and 3D Robotics aircraft. By granting this Petition, theFAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of 2012, while also advancing the interests ofthe 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

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-9165 (Cell)