G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.com 

### I. Introduction

Pursuant to Section 333 of the FAA Modernization an d 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 a pplying 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 a re 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 S mall 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 o f UAV’s will allow us to better serve our clients and therefore the public as a whole. The p roposed use of the technology is aerial surveying and data collection, construction and sit e layout photography. Our client base includes the architectural and engineering design c ommunities 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: 513-831-5505Printed on 11/24/2015 3:30 PM • C:\Users\berdingd \Documents\UAVs and Drones\Section 333 GJ Berding S urveying Petition.docx • By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.com 

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

We are aware that regulations governing aircraft us e fall under Title 14 CFR, the Code of Federal Regulations for Aeronautics and Space.

After reviewing multiple FAA grants of exemption an d the applicable aspects of Title 14 we have determined that the specific sections of 14 CFR fro m 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 UA S. Berding Surveying will conduct a pre-flight inspection of the aircraft and adhere to the manual and specification of the manufacture in order to satisf y 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 o f 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 / Requireme nts and Duration

 We feel that due to the size, safety features, and flight range of the proposed UAS in our petition, an equivalent level o f safety is attainable if the pilot-in-command (PIC) has a valid United State s Driver’s License.

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

 This rule limits ability of private pilots to condu ct commercial operations. Due to size, range, inherent safety risks of the UA S we propose using, we seek and exemption from this rule. Pilot will be r equired to attain a minimum of 15 hours of flight time with the UAS pri or 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 conduc t 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 Manua l, marking and Placard Req’mtsPrinted on 11/24/2015 3:30 PM • C:\Users\berdingd \Documents\UAVs and Drones\Section 333 GJ Berding S urveying Petition.docx • By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.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-fli ght 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 ran ge of UAS reduces risk and presence of the VO provides a redundant fa ctor 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 s ight of the PIC at all times. Altitude to be determined by on-board barom etric gauge or GPS if none present.

• 14 CFR 91.121 -- Altimeter Settings

 Specific UAS may not be equipped with barometric al timeter. Hence altitude will be set and checked by the PIC prior t o flight utilizing the GPS
altimeter.

• 14 CFR 91.151(a) -- Fuel Requirements

 Limited flight time (due to battery capability) nec essitate an exemption. We will limit flight times to 30 mins and begin UAS descent with at least 20% battery power remaining. This will ensure leve l 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 U ser 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 S urveying Petition.docx • By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.com The above sited sections are our take on Title 14 C FR; 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 a erial imagery in rural and suburban areas to facilitate and supplement land surveying data ac quisition 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 infrastruct ure 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 direc t impact on the Civil Engineering field through the use of a UAS can therefore be seen as p roviding 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 application s) is to hire a single engine plane and pilot, equipped with photogrammetry equipment. Flights ar e typically conducted at low altitudes to capture oblique imagery with adequate overlap neces sary 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 fue l, equipment and at least a one-person crew. It is evident that it is in the interest of public saf ety 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 Trimb le 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 horiz ontal 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 ba ttery (22.2V)Printed on 11/24/2015 3:30 PM • C:\Users\berdingd \Documents\UAVs and Drones\Section 333 GJ Berding S urveying Petition.docx • By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.com

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

• Flight Control : DJI C1 controller, communication and control freq uency 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 horizo ntal 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, commun ication and control frequency of 2.4 GHz with a range of 3.1 mi les.

3. Trimble UX5

This UAS has been previously granted exemptions by the FAA for commercial operations. A fixed wing UAS with a 24MP camera tha t is preprogrammed for flight pattern and is geared toward surveyors and civil ap plications.

• 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, fl ight and landing, automated fail safe commands, communication and con trol frequency of 2.4 GHz with a range of 3.1 miles.

B. Responsible Crew

The crew includes the pilot-in-command (PIC) and th e visual observer (VO). The PIC is required to have, at a minimum, a sports pilot lice nse and the required hours of training with the particular UAS. The minimum we propose requiring i s 15 hours of flight training for the UAS in question (one of the 3 listed above). The VO is re quired to have technical knowledge of thePrinted on 11/24/2015 3:30 PM • C:\Users\berdingd \Documents\UAVs and Drones\Section 333 GJ Berding S urveying Petition.docx • By:Michele

G.J. Berding Surveying, Inc.

741 Main Street • Milford, OH 45150 • 513 8 31 5505 tel • 513 831 6761 fax • www.berdin gsurveying.com UAS, the airspace requirements/restrictions, and th e environmental/weather conditions. The PIC and the VO work as a team to conduct safe opera tion of the UAS.

C. Flight Conditions and Operations

We will abide by all regulations in place at the ti me 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 na ture, typically areas designated for development. Visual contact will be maintained wit h the UAS during the flights by property planning the flight path and point of operation. C ertain 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 o nboard photographic equipment.

Federal Register Summary G.J. Berding Surveying, Inc. requests exemption fro m the TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 14 CFR 45.23(b), 14 CF R 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 Moderniza tion 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 phot ography