G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

I. Introduction 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

G.J. Berding Surveying, Inc., a land surveying and 3d laser scanning firm which is a certified 

Service Disabled Veteran Owned Small Business, is applying for an exemption to allow 

commercial operation of a UAS for aerial surveying, data collection, construction photography, 

and site photography. As outlined in the attached petition, our operations will abide by all 

current regulations as they exist now and as they are continuously revised and updated by the 

FAA in accordance with Section 333. 

II. Firm Profile & Contact Information 

Berding Surveying is a land surveying and 3d laser scanning firm located in Cincinnati, Ohio. 

We are a certified Service Disabled Veteran Owned Small Business with 14 employees and 

strive to stay on the cutting edge of technology in order to offer excellent service to our clients. 

As such, we believe an exemption allowing the use of UAV’s will allow us to better serve our 

clients and therefore the public as a whole. The proposed use of the technology is aerial 

surveying and data collection, construction and site layout photography. Our client base 

includes the architectural and engineering design communities as well as land developers, 

among others. Further details follow. 

Business Address: G.J. Berding Surveying, Inc. 

741 Main St. 

Milford, OH 45150 

Website: www.BerdingSurveying.com 

Contact: Dan Berding, PE, SI 

berdingd@berdingsurveying.com 

Phone: 513-831-5505 
Printed on 11/24/2015 3:30 PM • C:\Users\berdingd\Documents\UAVs and Drones\Section 333 GJ Berding Surveying Petition.docx • 

By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

III. Regulations from Which Exemption is Requested and Extent of Relief Sought 

We are aware that regulations governing aircraft use fall under Title 14 CFR, the Code of 

Federal Regulations for Aeronautics and Space. 

After reviewing multiple FAA grants of exemption and the applicable aspects of Title 14 we have 

determined that the specific sections of 14 CFR from which we seek exemption are as follows 

(extent of relief sought is provided in italics)

• 14 CFR Subpart H -- Airworthiness Certificates 

o This requirement is not sensible as applied to a UAS. Berding Surveying will 

conduct a pre-flight inspection of the aircraft and adhere to the manual and 

specification of the manufacture in order to satisfy the intent of this rule. 

• 14 CFR 45.23(b) -- Marking of Aircraft (min. 2” tall letters) 

• 14 CFR 45.29 -- Size of Marks (depends on type of aircraft) 

o Impracticable given the size of the UAS. Markings will be affixed to the aircraft in 

black letters, size relative to the UAS. 

• 14 CFR 61.23 -- Medical Certificates / Requirements and Duration 

 We feel that due to the size, safety features, and flight range of the 

proposed UAS in our petition, an equivalent level of safety is attainable if 

the pilot-in-command (PIC) has a valid United States Driver’s License. 

• 14 CFR 61.113(a) & (b) -- Private pilot privileges and limitations: Pilot in Command 

 This rule limits ability of private pilots to conduct commercial operations. 

Due to size, range, inherent safety risks of the UAS we propose using, we 

seek and exemption from this rule. Pilot will be required to attain a 

minimum of 15 hours of flight time with the UAS prior to conducting a 

flight for commercial purposes. 

• 14 CFR 91.7(a) -- Civil Aircraft Worthiness 

o Should not apply to the UAS proposed herein. This requirement is not sensible 

as applied to a UAS. Berding Surveying will conduct a pre-flight inspection of the 

aircraft and adhere to the manual and specification of the manufacture in order to 

satisfy the intent of this rule. 

• 14 CFR 91.9(b)(2) -- Civil Aircraft Flight Manual, marking and Placard Req’mts 
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By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

 Impracticable. Flight manual and user manual to be kept at ground 

control point of operations. 

• 14 CFR 91.103 -- Preflight Action 

 Not applicable to UAS. To be replaced by a pre-flight safety checklist 

conducted by PIC and VO at ground control point of operations. 

• 14 CFR 91.109 -- Flight Instruction 

 Dual controls not practicable on UAS. Size and range of UAS reduces 

risk and presence of the VO provides a redundant factor of safety. 

• 14 CFR 91.119 -- Minimum Safe Altitudes 

 The UAS will be operated at an altitude of no more than 400 feet above 

ground level (AGL). The UA will be within visual sight of the PIC at all 

times. Altitude to be determined by on-board barometric gauge or GPS if 

none present. 

• 14 CFR 91.121 -- Altimeter Settings 

 Specific UAS may not be equipped with barometric altimeter. Hence 

altitude will be set and checked by the PIC prior to flight utilizing the GPS 

altimeter. 

• 14 CFR 91.151(a) -- Fuel Requirements 

 Limited flight time (due to battery capability) necessitate an exemption. 

We will limit flight times to 30 mins and begin UAS descent with at least 

20% battery power remaining. This will ensure level of safety necessary 

to bring the UAS to the landing spot from anywhere within its limited 

operating range. 

• 14 CFR 91.203(a) & (b) -- Carrying certification and registration 

 Impracticable for a UAS. Documents, to the extent applicable, to be kept 

at the ground control point, accessible to the PIC.

• 14 CFR Subpart E (91.401-91.417) -- Maintenance 

 These sections apply only to airworthy aircraft, as defined in 14 CFR 

Subpart H and therefore will not apply to a UAS, as currently defined. 

Equivalent safety to be attained by following the User Guide, and the fact 

that these UAS are limited in size, weight, flight time, and flight area. 
Printed on 11/24/2015 3:30 PM • C:\Users\berdingd\Documents\UAVs and Drones\Section 333 GJ Berding Surveying Petition.docx • 

By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

The above sited sections are our take on Title 14 CFR; however, please note that the ultimate 

intent of our petition is as follows: “To seek relief from regulations of Title 14 to the extent 

necessary to conduct UAS operations for gathering aerial imagery in rural and suburban areas 

to facilitate and supplement land surveying data acquisition efforts.” 

IV. Public Interest and Safety 

Our clients are typically in the Civil Engineering realm. By definition, the field of Civil 

Engineering is concerned with providing infrastructure solutions and services to the General 

Public, be it through roads and highways, bridges, dams, public water infrastructure, and 

sewage collection, treatment and disposal. A direct impact on the Civil Engineering field 

through the use of a UAS can therefore be seen as providing a benefit to the public. 

Besides and in addition to this fact, consider that the typical method of acquiring imagery data 

for surveying grade deliverables (civil applications) is to hire a single engine plane and pilot, 

equipped with photogrammetry equipment. Flights are typically conducted at low altitudes to 

capture oblique imagery with adequate overlap necessary to generate 1 foot contours of the 

topography. Expense associated with this effort is high, involves an airplane above public 

space, typically at a low altitude, loaded with fuel, equipment and at least a one-person crew. It 

is evident that it is in the interest of public safety to replace this large aircraft, fuel, and crew with 

a UAS. 

V. Proposed Operations 

A. Aircraft 

Proposed UAS are the DJI Inspire 1, the DJI Phantom 3, and the Trimble UX5. The DJI are 

able to hover and are “copter” type while the Trimble UX5 is a fixed wing aircraft. 

1. DJI Inspire 1 

This UAS has been previously granted exemptions by the FAA for commercial 

operations. A quadcopter UAS able to move in horizontal and vertically planes 

simultaneously. 

• Physical Characteristics: 17.2 x 17.8 x 11.9” and 2.9 kg 

• Propulsion: quad propellers, 4500 mAh LiPo 6S High voltage battery (22.2V) 
Printed on 11/24/2015 3:30 PM • C:\Users\berdingd\Documents\UAVs and Drones\Section 333 GJ Berding Surveying Petition.docx • 

By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

• Flight Characteristics: Vertical takeoff, 18 minute flight time, 22 m/s max speed, 

vertical landing 

• Flight Control: DJI C1 controller, communication and control frequency of 2.4 and 

5.725 GHz with a range of 3.1 miles. 

2. DJI Phantom 3 

This UAS has been previously granted exemptions by the FAA for commercial 

operations. A quadcopter UAS able to move in horizontal and vertically planes 

simultaneously. 

• Physical Characteristics: 590mm x 590mm and 1.28 kg 

• Propulsion: quad propellers, 4480 mAh LiPo 4S battery (15.2V)

• Flight Characteristics: Vertical takeoff, 23 minute max flight time, 16 m/s max 

speed, vertical landing 

• Flight Control: Phantom 3 controller with tablet or phone, communication and 

control frequency of 2.4 GHz with a range of 3.1 miles. 

3. Trimble UX5 

This UAS has been previously granted exemptions by the FAA for commercial 

operations. A fixed wing UAS with a 24MP camera that is preprogrammed for flight 

pattern and is geared toward surveyors and civil applications. 

• Physical Characteristics: Wing span of 39.3 inches (EPP wings), 5.5 lbs. 

• Propulsion: electric brushless motor (650W), 28 cm propeller, 6000mAh lithium 

polymer battery (14.8V) 

• Flight Characteristics: Catapult launch, 50 minute max flight time, 50mph cruise 

speed, belly landing (66’x20’ feet landing space). 

• Flight Control: Trimble tablet rugged PC. Automatic take off, flight and landing, 

automated fail safe commands, communication and control frequency of 2.4 GHz 

with a range of 3.1 miles. 

B. Responsible Crew 

The crew includes the pilot-in-command (PIC) and the visual observer (VO). The PIC is 

required to have, at a minimum, a sports pilot license and the required hours of training with the 

particular UAS. The minimum we propose requiring is 15 hours of flight training for the UAS in 

question (one of the 3 listed above). The VO is required to have technical knowledge of the 
Printed on 11/24/2015 3:30 PM • C:\Users\berdingd\Documents\UAVs and Drones\Section 333 GJ Berding Surveying Petition.docx • 

By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 831 5505 tel • 513 831 6761 fax • www.berdingsurveying.com

UAS, the airspace requirements/restrictions, and the environmental/weather conditions. The 

PIC and the VO work as a team to conduct safe operation of the UAS. 

C. Flight Conditions and Operations 

We will abide by all regulations in place at the time of UAS operations. AT the present, this 

includes, but is not limited to no fly zone within 5 miles of an airport, and no flights above 400’. 

Typical flight areas to be rural and suburban in nature, typically areas designated for 

development. Visual contact will be maintained with the UAS during the flights by property 

planning the flight path and point of operation. Certain flights may need to be schedule for 

winter/early spring so that foliage is at a minimum. This will enhance the PIC and VO visual on 

the UAS and will help with ground coverage of the onboard photographic equipment. 

Federal Register Summary 

G.J. Berding Surveying, Inc. requests exemption from the TITLE 14 OF THE CODE OF 

FEDERAL REGULATIONS SECTIONS 14 CFR 45.23(b), 14 CFR 45.29, 14 CFR 61.23, 14 

CFR 61.113(a) & (b), 14 CFR 91.7(a), 14 CFR 91.9(b)(2), 14 CFR 91.103, 14 CFR 91.109, 14 

CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.203(a) & (b), 14 CFR Subpart E 

(91.401-91.417) per the intent of the FAA Modernization and Reform Act of 2012 so that 

Berding Surveying can commence commercial operation of a UAS for aerial surveying, data 

collection, construction photography, and site photography