August 24, 2015

Exemption No. 12561

Regulatory Docket No. FAA−2015−2382

Mr. Gary S. Berg

50 Gephart Road

Yakima, WA 98901

Dear Mr. Berg:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 28, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3 and 3D Robotics X8.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

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

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 
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14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Gary S. Berg is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Gary S. Berg is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

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

3D Robotics X8 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 
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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 
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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 

FAA-published 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.
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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 with 

permission from the property owner/controller 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Gary S. Berg

50 Gephart Rd.

Yakima, WA 98901

253­569­8243

gbergimages@gmail.com

Date: May 28, 2015

U. S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12­140

1200 New Jersey Ave. SE

Washington, DC 20590

RE: Petition of Gary S. Berg for Exemption Pursuant to Section 333 of the FAA Reform Act

Attn: To whom it may concern

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

and 14 C.F.R. Part 11, Gary S. Berg (“Petitioner”), developer and operator of Small

Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography and

videography, 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

FAA as required by Section 333.1.

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Gary S. Berg to conduct commercial operations of small Unmanned Aircraft Systems (“UAS”)

or Unmanned Air Vehicles (“UAV’s”) while meeting or exceeding all of the operational and

safety requirements Congress has set forth in Section 333.

Petitioner holds an FAA airman’s certificate (Private Pilot, Single Engine Land) as well as a

Washington state driver’s license, (See Appendix A) and has been been designing, building,

and flying radio controlled aircraft for over 40 years. Petitioner has experience with nearly

every type of radio­controlled aircraft from trainers to high performance aerobatic models,

single engine, multi engine, sailplanes, helicopters, and multi­rotors. The Petitioner had a

high performance airplane design published in Model Airplane News magazine in 1989. (See

Appendix B).

Unmanned Aircraft Systems are oftentimes seen as superior to manned airplanes and

helicopters due to the small size of the aircraft, cheaper equipment and personnel cost, and

reduced noise and minimal environmental impact, all of which promotes public safety.
The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel. It operates at lower altitudes with no people on board, thereby

reducing risk and enhancing safety when compared to a manned aircraft. The likelihood of an

accident resulting in death, serious bodily injury, or significant property damage is greatly

reduced. With a small payload and maximum flight time of only 30 minutes, there is little or no

risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several

buildings and large trees. As a Private Pilot, the Petitioner is familiar with the cost and

capabilities of lightweight, manned General Aviation aircraft. A UAS safely operates in a

much smaller space and at a fraction of the cost of a manned aircraft. The benefits of reduced

cost and improved quality of presentation from the UAS will be a valuable benefit to many

potential clients for a variety of uses.

Petitioner plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of

services, including but not limited to:

­ Aerial photography

­ Event Photography/Videography

­ Agricultural imaging

­ Real Estate Photography

­ Aerial mapping/surveying

­ Construction site inspections and monitoring

­ Search and Rescue

­ News gathering

­ UAS design/construction/testing

­ Flight training

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil UAS operations in

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear

that Section 333 provides a mechanism for “expedited operation authorization” if several

factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS

operations. The Petitioner requests relief from the following, as well as any other regulations

the FAA deems appropriate:

Regulations from which the exemption is requested:

14 C.F.R. Part 21
14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (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. 91.121Page 3

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)

In addition, the FAA has levied several restrictions in granting previous 333 exemptions.

Although there is no FAR to be exempted from which would allow the following, the Petitioner

seeks explicit written permission for the following:

­ Eliminate 3­Days Notice to the nearest FAA district office for flight in Class G Airspace.

The requirement to notify the nearest FAA district office 3 days in advance of

any commercial flight places an unnecessary burden on the operator of a UAS

when flying in Class G airspace. In many cases, it may prevent a timely UAS

flight entirely when it could be most beneficial, such as for news gathering or

search and rescue. For agricultural imaging, flights will take place over large

fields of crops, far from any airports or populated areas. When developing a

new unmanned aircraft, several test flights are often made daily, with changes

noted and results logged. A 3­day notice requirement would greatly slow

innovation and development. Furthermore, if 3 days notice is given for a flight

and then weather conditions prevent the flight, another 3 day notice period

must pass before the flight can take place.

This requirement is not levied upon the pilot of a recreational flight. A hobby

pilot is only asked to notify the control tower or airport manager before flying

within 5 miles of an airport. When compared to a hobby flight that can take

place at any time, a professional commercial UAS operator will have the

experience, superior equipment, and well­established procedures to allow for

safe flight when and where necessary in Class G airspace. For flights within

Class B, C, D or E airspace the Petitioner will seek to establish a memorandum

of agreement with the local Air Traffic Control authority which will specify

acceptable operating standards within that airspace. Until such a

memorandum is in place, 3 days notice to the local FAA district office is

acceptable. Flight within Class A airspace is not applicable to this petition. The

Petitioner hereby requests relief from requiring 3 days notice of a flight to the
local FAA district office when that flight is to take place in Class G airspace,

and within other airspace types as outlined above.

­ Allow Night UAS Operations

The prohibition of commercial UAS flight at night is unnecessarily restrictive

and may prevent UAS flight when it might be most beneficial, such as for news

gathering or search and rescue. Events to be photographed or filmed often

happen after dark. There is no such night prohibition for the operator of a

recreational flight. When compared to a hobby flight that can take place at any

time, a professional commercial UAS operator will have the experience,

superior equipment, and well­established procedures to allow for safe flight at

any time of day or night, weather permitting.

To enhance safety, the Petitioner will use a well­lit aircraft that is clearly visible

in all directions. Such an aircraft is more prominently visible in flight than even

during daylight hours (See Appendix C). Furthermore, night flights will be

limited to uncontrolled Class G airspace, within line­of­sight of the operator, no

further away than 500 feet horizontally and at a maximum altitude of 250 feet

AGL, and at an airspeed below 30 knots. When a night flight is planned, a prior

visit to the site during daylight hours will take place, with the pilot becoming

familiar with the surroundings and any obstacles such as trees, power lines,

etc. The Petitioner hereby requests permission to fly UAS at night, within the

parameters outlined above.

Aircraft Types

To begin commercial operations, the Petitioner will make use of a 3D Robotics X8, or a DJI

Phantom 3 Pro aircraft. Both of these aircraft types have been approved for use with several

existing Section 333 exemptions. These aircraft will be operated and maintained according to

the manufacturer’s instructions.

In addition, the Petitioner will use this exemption to develop new aircraft which will be used

commercially by himself or other pilots. All aircraft used will have a maximum gross takeoff

weight of less than 55 pounds. All aircraft will employ both visible and audible warnings to

notify the pilot when the main battery voltage has dropped to a pre­determined level. All

aircraft will be registered with the FAA as a Small Unmanned Aircraft System (Special or

Experimental Airworthiness Certificate) before being sold or used for commercial flights.

Thus, an amendment to this exemption request for each new aircraft type developed is

unnecessary.

All aircraft developed and used commercially will rely on airborne flight controllers with

autopilot and Global Positioning System capabilities, such as the DJI Naza or 3D Robotics
Pixhawk. These controllers have the ability to automatically limit the height and distance they

can be flown from the launch point. In the event of a radio communication loss between the

pilot’s control transmitter and the UAV, the controller will automatically trigger a “fail­safe”

mode in which the aircraft will return to the launch point and land safely without any further

pilot input. In the unlikely event of a loss of GPS signal at the same time, the controller will

hold the UAV level and slowly descend to a safe landing at its present location.

Any aircraft purchased, developed, or modified under this exemption request will accumulate

a minimum of 10 hours flight time before being employed for commercial missions. Each

flight will be logged, along with a record of changes, results, and performance. See Appendix

D for an example of a flight and maintenance log for an aircraft in development. In addition, a

complete Pilot’s Operating Handbook will be developed for each aircraft model, giving any

pilot the information needed to operate and maintain the aircraft safely.

Every aircraft, whether purchased or developed by the Petitioner, will be inspected before

each flight in accordance with the manufacturer’s guidelines. A written checklist will be used,

as shown in Appendix E.

Ground Station and Video

The Petitioner makes use of a “First Person View” (FPV) system that consists of a camera

and video transmitter on board the aircraft, and a small portable display screen mounted on a

tripod on the ground as shown in Appendix F. This provides a real­time view from the aircraft,

allowing for composition of photos and video. In addition, text and graphic data is overlaid on

the screen image providing the pilot with altitude, distance, heading, airspeed, and battery

voltage information. Since a free­standing display screen is used instead of goggles that may

limit the pilot’s surrounding view, line­of­sight with the UAV is maintained by both the pilot and

observer. The video transmitter on board the aircraft transmits in the 5.8GHz range with a

power of 25 milliwatts and meets FCC requirements for license­free use in the United States.

The camera and video transmitter are powered by their own small battery, completely

separate from the UAV power system. Should this video downlink fail during flight, the pilot

will immediately return the UAV to the launch point and land via line­of­sight piloting.

FCC Information

The radio control transmitters used for controlling the UAV comply with part 15 of the FCC

rules. Operation is subject to the following two conditions:

(1) This device may not cause harmful interference, and (2) this device must accept any

interference received, including interference that may cause undesired operation. The radio

transmitters used for controlling the UAV employ wireless technology which has been tested

and found to be compliant with the applicable regulations governing a radio transmitter in the

2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the transmitter, the PIC will maintain a separation distance of at least
5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna to

meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The Pilot In Command (PIC) will maintain at least a Sport Pilot Certificate and a current

driver’s license or 3rd Class Medical certificate. The PIC must have logged at least 2 hours

flying time and 3 takeoffs and landings within the last 30 days with the type of UAS being

utilized. The PIC will have at least 100 hours total time and at least 30 hours flying Radio

Controlled Model Aircraft of which at least 10 hours must be flying UAV's. Training will be

conducted within the controlled environment of a local Radio Control Club flying field. The

Petitioner has the ability to provide "dual controls" utilizing two identical radio­control

transmitters with a wired link between them. One transmitter is designated the master

transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the

master transmitter, will at all times be able assume immediate control of the UAV.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties

include all preflight preparation, crew or observer briefings, in flight operation, post flight

requirements, and all procedures including but not limited to:

● Preflight inspections of aircraft and ground equipment

● Site selection and planning

● Safe in­flight operations

● Risk mitigation to persons and property

The Observer must have the visual acuity to observe the UAV and be able to communicate

clearly with the PIC at all times during a flight. The Observers duties are:

● Warning the PIC of any impending obstacles in the flight path of the sUAS.

● Warning the PIC of any other air traffic entering the vicinity.

● Warning the PIC of any deviations in the planned flight path of the sUAS.

● Warning the PIC should any unauthorized personnel appear in the area of the planned

flight.

● The Observer will have the authority to order the PIC to terminate the flight should he

feel the flight cannot be conducted safely.

General Operating Standards

● The Petitioner will only operate a sUAS within line of sight of the pilot and observer

and will operate at sites that are a sufficient distance from populated areas. Such

operations will insure that the sUAS will not create a hazard to users of the national

airspace system or the public.
● Weather minimums will be 3 miles visibility and a 1000 foot ceiling, with winds below

15 knots.

● Prior to takeoff, a complete preflight inspection of the aircraft will be completed using a

checklist specific to that UAS. See Appendix E for an example checklist.

● Before an operation of a UAV within 5NM of an airport with a control tower, the control

tower will be called to notify ATC of the UAS operations. If the airport is not tower

controlled, airport management will be notified. The PIC will give the position, altitude

and the times the UAS will be operated. The UAV will be operated within a distance of

no more than 1500 feet horizontally and 400 feet AGL during daylight hours, or within

500 feet horizontally and 250 feet AGL at night.

● PIC will give the right of way to avoid flying in the proximity of full­scale aircraft. At no

time will the UAV be operated within the final approach course and the takeoff course

of any runway.

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

● Flights will be terminated at 25% battery power reserve should that occur prior to the

30 minute limit.

● The UAS will be programmed so that it cannot be operated at an altitude of more than

400 feet AGL.

● Minimum crew for each operation will consist of the UAS Pilot and Visual Observer.

● All UAS operated by the Petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbals). No flight will be made with a gross weight exceeding

55 pounds.

● The UAV will operate at speeds of no more than 60 knots, can hover, and can

simultaneously move vertically and horizontally.

● Given the small size of the UAV and the restricted sterile environment within which

they will operate, our UAS operations adhere to the Reform Act's safety requirements.

● All operations must occur in FAA Class G airspace unless prior notification has

occurred or a Memorandum Of Agreement is in place, at no more than 400 ft AGL, at

an airspeed of no more than 60 knots and no further than 1500 feet from the PIC.

● All operations must utilize a Visual Observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation.

● Operations over private property will be conducted only with the permission of the

property owner.

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

operation;

● Flights will not be conducted over densely populated areas.

● Flights will not be conducted directly over any open­air assembly of people.

● Flights will not be conducted over heavily trafficked roads.

● A flight will be immediately terminated when any of the following occurs:

○ Battery voltage reaches 25% of fully­charged voltage;

○ Visible or audible low­voltage alarm is seen or heard;

○ GPS signal is lost;

○ Live video signal (FPV) is lost;
○ Any structural or mechanical failure;

○ Abrupt weather changes, such as sudden rain or gusty winds;

○ Unexpected persons, vehicles, or aircraft enter the area;

○ Any other condition in which the pilot or observer feels the flight cannot be

continued safely.

Additionally, Petitioner requests permission to use a UAS to benefit first responders nearby

who might require assistance, including firefighters, police, search and rescue organizations,

news and media outlets, etc. while remaining subject to all limitations and procedures cited in

this application.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Gary S. Berg requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the aircraft designed in accordance with this

application, under either or both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show compliance for

issuance of type and supplemental type certificates, flights to substantiate major design

changes, and flights to show compliance with the function and reliability requirements of the

regulations. Since the experimental certificate can be used for commercial purposes such as

market surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well. The aircraft will not

carry persons or property, will not carry fuel, and will only fly under strict operational

requirements. Combined with the UA's light weight, being constructed primarily of carbon

fiber, wood and plastic, we propose that the UA will be at least as safe, if not safer, than a

conventionally certificated aircraft performing the same mission. If an experimental

airworthiness certificate is not appropriate for this application, then we request an exemption

of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general,

citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word
"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can

be placed, and may not have a registration number assigned to it by the FAA. We propose to

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard

on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual

Observer) and others in the vicinity of the aircraft while it is preparing for launch will be able to

see the designation. Additionally, we feel that the permanent placard discussed in the

previous paragraph will provide the aircraft's registration information at the ground station.

Finally, we will display at the ground station a high contrast flag or banner that contains the

words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the

aircraft will operate within 3/4 NM of the ground station, the banner should be visible to

anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to

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. Our proposed operations require that the

PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft

cannot carry passengers, we feel we meet the intent of 61.113 Subparagraph (b) even though

the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

the documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved

sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is

in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." Training will be conducted at

a local Radio Control Club flying field. Petitioner has the ability to provide "dual controls"

utilizing two identical control transmitters with a wired link between the transmitters. One

transmitter is designated the master transmitter and the other transmitter is designated as a

slave. The PIC instructor, utilizing the master transmitter, will be at all times be able assume

control of the sUAV.

91.119 Minimum safe altitudes:
General. The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical

mission of the sUAS would be photography or survey of persons, vessels, vehicles or

structures it would be necessary to operate closer than 500 feet to the items listed.

Operations will only be flown over property or persons where permission has been obtained

and careful pre­planned flight path has been performed. The aircraft will be operated at a low

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons

or property on the surface. Therefore we maintain that due to the small size of the UAS, the

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which

should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400

feet AGL and within line­of­sight of the PIC, and will not need to maintain cruising altitudes in

order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement

above the takeoff point is transmitted via radio from the sUAS on­board computer to the

display screen held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day­VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the

maximum duration of flight from a single battery charge is 30 minutes with a 20% reserve.

Since the aircraft will never fly more than 1500 feet from the point of intended landing, a full

battery charge at launch will ensure that we meet the reserve energy requirement of this

paragraph. Furthermore, the battery voltage is transmitted by the UAS and displayed to the

PIC on the ground station. A warning is displayed on the ground station when the battery

voltage drops to a predetermined level, giving the PIC ample time to land safely with power in

reserve. There are also visible and audible low­voltage warnings aboard the aircraft. We

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number

assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew." The sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or

crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that

documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground

control station and available for inspection upon request. In order to identify the aircraft, we

propose that the information found on airworthiness and registration certificates be

permanently affixed to the aircraft via placard containing the above information plus the word

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.
14 CFR Subpart E (91.401­ 91.417)­ Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized

under 43.7" after maintenance and inspection. It is our intention that the PIC perform

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return

to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight

and in addition conduct detailed inspections after every two hours of flight. Maintenance

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking

electrical connections and updating software and firmware for the on­board computer,

replacing structural components, and replacing electronic or electrical components. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. The Petitioner feels that due to the

size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of

safety.

Safety and Benefits of the UAS

Gary S. Berg will be using the UAS in a variety of applications that generally require

expensive full­size manned aircraft to complete. Small, light, unmanned aerial vehicles offer

myriad benefits over the use of full­sized manned aircraft for electric power line inspection,

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a

few. Replacing significantly larger manned aircraft carrying crew and flammable fuel with

small UAS carrying no passengers or crew creates a much greater margin of safety for the

pilots and crew, as well as for people and property on the ground. By granting Gary S. Berg‘s

requested exemptions, the FAA will help drive development of safe and successful

commercial UAS operations and will advance the public knowledge base for such operations.

Gary S. Berg is committed to promoting the UAS research efforts of policymakers including

the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and

serving as a resource for future UAS research operations. Thus, the FAA has good cause to

grant this Petition.

Conclusion

As pointed out in this application, all the UAS’s which the applicant would use, under

authorization by the US DOT­FAA, are small, light­weight devices operated within the line of

sight of the Pilot­in­Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control authorities (ATC) have been notified and have authorized each

flight within a radius of this distance. All our sUAS’s have proven capability for controlled

flight. They include devices offered for general sale on the market around the world and have

often been used as Model Aircraft in the USA. The Petitioner is certain that the studies

conducted until now by the FAA, about Section 332, Public Law 112­95, 2014, have already

provided you with the assurances on the airworthiness of UAVs such as these. The Petitioner

has over 40 years of experience designing, building, and operating radio­controlled aircraft,
and has never had an accident resulting in injury or property damage. For the foregoing

reasons, the exemptions requested herein should be granted and Gay S. Berg should be

permitted to conduct small UAS operations in accordance with its manuals and all other

operating parameters deemed necessary and appropriate by the FAA. The submission of this

application and its contents is the best demonstration that indeed it is possible to pursue the

authorization process so that some UAVs may be used for safe and legitimate commercial

activities.

Signed,

Gary S. Berg
Appendix A ­ Airman Qualifications
Appendix B ­ Model Airplane News magazine

Volume 117, Number 1, January 1989
Appendix C ­ Night flying UAV
Appendix D ­ UAV Flight and Maintenance Log

Total flight time: 12:52:05 Aircraft: Hexcopter 2.0

Flight Date Location

Flight

Time Landings Battery

Recharge

ma. Notes

1 2/13/2015 Home 0:07:00 5 2x 4S 3000mah First flight! Tested Manual, Atti, GPS fight modes. Twitchy, gain may be too high.

2 2/13/2015 Home 0:04:00 6 2x 4S 3000mah Manual mode, trying to get pitch/roll gain adjusted. Drops toward motor 5. (Aft right)

3 2/13/2015 Home 0:04:00 3 2x 4S 3000mah Can't get pitch/roll gain dialed in. Won't lift off level in Atti/GPS mode. Need to recalibrate Naza and ESC's.

4 2/13/2015 Home 0:05:00 3 2x 4S 3000mah

Recalibrated Naza controller. Locked pitch/roll gain at 255%. Set attitude gain to 150% with X2 control.

Better stability in Manual mode, but still seeing wind­induced oscillations that get out of hand. (Wind

approx. 10mph) Dailed up attitude gain to 170% during flight. Reduced pitch/roll to 245% for next flight.

5 2/15/2015 Home 0:07:00 6 2x 4S 3000mah

Reprogramed/recalibrated all ESC's. Tried pitch/roll gain at 150%. Better, but still not right. Suspicious of

No. 5 motor or ESC, although it seems to run fine when plugged into the rx by itself.

6 2/16/2015 Home 0:06:00 4 2x 3S 4000mah

Landing gear changed to short, stiff temporary legs. Tried 3S batteries to see if it would make a difference.

Pitch/roll gain set at 150% with X2 control. Problem not solved. Motors cutting out and running rough.

2/16/2015

After research and conversations with a couple of experts, the concensus is that the Turnigy Plush ESC's

aren't playing nice with the 22­pole Multistar motors. The Plush ESC's have a 200hz refresh rate, and the

throttle output is averaged over several cycles. (400hz or faster is needed). The result is throttle response

that is sometimes much too slow for a multirotor, causing oscillations and motor shutdown. Ordered a new

set of 40 amp SimonK ESC's from Heads Up RC, made specifically for multi's.

2/20/2015

Disassembled frame. Removed Turnigy Plush 25 amp ESC's. Replaced with EMax Simon 40 amp ESC's.

Reassembed, realigned, and torqued frame. Set initial pitch/roll gain to 150% with X2 control. Initial yaw

gain at 180%. Installed temporary landing gear. Inspected and reinstalled props. Ready for flight test.

7 2/20/2015 Home 0:05:00 5 2x 4S 3000mah

Success!! Wind at 15­20 mph, so tried manual hover in the garage. Some turbulence from ground effect,

but hover and control response are much improved. Settled on 200% pitch/roll gain. Yaw gain seemed

good. ESC's cool after flight.

8 2/21/2015 Home 0:05:30 3 2x 4S 3000mah Test flight outside. Slight oscillations in GPS mode. Dialed pitch/roll gain down to 165%.

9 2/21/2015 Home 0:06:00 3 2x 4S 3000mah

Test flight outside. Gusty winds 10­12 mph causing turbulence, but GPS held position well. Slight CCW

spiral in GPS hover, need to adjust antenna.

2/21/2015 Home Adjusted GPS antenna. Reinstalled proper landing gear. Too windy for more flying.

10 2/22/2015 Home 0:06:00 2 2x 4S 3000mah

Recalibrated compass. Wind 5­10 mph. Settled on pitch/roll gain at 200%. Spiral problem in GPS hover

solved.

11 2/22/2015 Home 0:06:20 2 2x 4S 3000mah

Wind 10 mph. GPS position hold working well. Flying good, but not perfect. Going to try adjusting yaw gain

next.

2/22/2015 Added separate 12­volt power panel and 3S battery for video & lighting (to be installed later)

12 2/22/2015 Home 0:06:10 3 2x 4S 3000mah

Programmed low motor timing in all ESC's. Set Yaw gain to 170% with X2 control. GPS mode working

well, with good control response. Some oscillations in hover, smoother in forward flight.

2/22/2015

No. 2 ESC went up in smoke right after power up. No. 5 ESC acting flaky... Sometimes works fine,

sometimes motor jitters but won't start. They're going back to Heads Up RC. Ordered a new set of

HobbyWing XRotor 40A's.

2/28/2015 Installed LED lighting. Removed ESC's.

3/7/2015

Installed new HobbyWing XRotor 40 Amp ESC's. Calibrated throttles on each. Set pitch/roll gain to 200%

with X2 control. Yaw gain at 180%. Inspected and reinstalled props. Ready to test.

13 3/7/2015 Home 0:07:00 3 2x 4S 3000mah

Success at last! The new ESC's work well with the Multistar motors. Very smooth flight with good stability.

Settled on 240% for pitch/roll gain. Self­level and GPS worked well. Some instability in the Z­axis, set

vertical gain to 115% with X2 control for the next flight.

14 3/7/2015 Home 0:07:25 1 2x 4S 3000mah

Flying very well now. Entire flight was in GPS mode. Set vertical gain at 100%. Set Attitude gain to X2

control for next flight, just to experiment with control sensitivity.

15 3/7/2015 Home 0:06:30 2 2x 4S 3000mah

Settled on 133% for Attitude gain. GPS held very well in a 10mph breeze. Hands­off hover was stable

enough to get some photos.
Appendix E ­ UAV Preflight and Postflight Checklist

Before flying session Hexcopter 2.0 Checklist

● Torque arms

● Torque motors

● Torque props

● Check motor freeplay, bearings free.

● Check wiring

● Check battery connectors

● Check landing gear

● Check dome mounting

● Visual inspection

Preflight

● Install battery

● Install camera & connect USB cable.

● Connect voltage alarm, check cells balanced, 4.0 volts min.

● All TX switches forward

● Turn on transmitter

● Connect main power

● Yellow LED flashing? Aux 2 Settings

● Turn on ground station

● Turn on speaker Canon

● Turn on VTX NOR​/REV

● Turn on camera 96% ­ 145%

● Video link working?

● Test camera tilt and shutter Mobius/Gimbal

● Wait for flashing yellow LED to stop. NOR/REV

● Confirm GPS (green LED) 115% ­ 15%

● Lights on

● Secure dome

● Clear area

● Start motors

● Takeoff

After landing

● Motors off

● Disconnect main power

● Camera off

● VTX off

● Lights off

● Disconnect voltage alarm

● Transmitter off

● Ground station off

● Speaker off
Appendix F ­ FPV Ground Station