July 17, 2015

Charles Berg (DBA Bad Kompany Media)

5306 Woodville Ln

Pearland, TX 77584

(832) 287-7470

 chuck09harley@gmail.com

Federal Aviation Administration:

I, Charles Berg (DBA Bad Kompany Media hereinafter referred to as Charles Berg),

am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures

contained within 14 C.F.R. 11, to request that I, Charles Berg, an owner and operator of

small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed

below so that I, Charles Berg, may operate a small ultra light weight unmanned aircraft

system (“UAS”) commercially in airspace regulated by the Federal Aviation Administration

(“FAA”) in accordance with FAA UAS Regulations & Policies.

I would like to formally submit for an exemption from the following Section 333 

regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a),

14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14

C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1)

and (2), 14 C.F.R. 91.417(a) and (b). To operate DJI’s following UAS: Phantom 2, Phantom

3, and Inspire 1 along the guidelines of the accompanying DJI Phantom 2, DJI Inspire 1, and 

DJI Phantom 3 Operator’s manuals. These UAS will be equipped with detachable cameras 

and will be transported in proper storage. This proposed exemption would allow me operation 

of unmanned aircraft systems (UAS) for the purpose of aerial videography / photography as a 

service to the public/ business interests. As found in exemption No. 11138 (Trudeau), the

FAA recently approved similar use of a Phantom 2 UAS.

These devices were selected because they have proven reliable flying capabilities

managed by gyro stabilized flight, ground detection (phantom 3 and inspire 1) ,GPS aided

navigation, a compass, blinking LED's, fail safe mode for returning home and prop guards.

This will act to further safety protocols exclusive to lightweight UAS’s specific to video and

photography usage as I, Charles Berg, record flight data and other information gained

through permitted flight operations to share with the FAA through any required FAA reports to

assists with future protocol and safety regulations.
Specific section or sections of 14 CFR which I seek relief and the reason I seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the aircraft to be utilized by 

I, Charles Berg, an exemption from Part 21 meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these 

criteria demonstrates that the UA operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, 

than conventional aircraft operating with an airworthiness certificate without restrictions and 

conditions proposed.

14 C.F.R. 45.23: Display of marks: general

The UAS will not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to

mark certain words or phrases. Further, the two inch lettering is difficult to place on such a 

small aircraft with dimensions smaller than the minimal lettering requirement.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

The FAA has previously declared that additional manned airship experience of a 

commercially certified pilot would not correlate to the airmenship skills necessary for similarly

proposed operations in previously issued exemptions to this regulation through Exemption 

Nos. 11062 and 11138.

14 C.F.R 91.7: Civil aircraft airworthiness

Currently, since there is no certificate applicable to the UAS in question, this regulation

is inapplicable.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

Requires an aircraft flight manual in the aircraft, however there are no pilots or 

passengers on board this aircraft and given its size, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual with the

operator.
14 C.F.R. 91.119(c): Minimum safe altitudes

I, Charles Berg will ensure that UAS do not operate any higher than 400 feet at ground

level. I will not fly over congested areas. I will plan operations before hand, for proper flight

safety, and proper height analysis as to avoid collisions.

14 C.F.R. 91.121: Altimeter settings

The UAS utilize electronic GPS with a barometric sensor. An equivalent level of safety

will be achieved by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions

The UAS that I fly are powered by electricity, using lithium polymer batteries that 

currently have a flight limit of approximately no more than 20 minutes. Therefore, due to the

limitations of the batteries, it is currently impossible to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the 

mentioned UAS. I, Charles Berg, however will always fly safely while having the manuals of 

the DJI Phantom 2, DJI Inspire 1, and the DJI Phantom 3.

14 C.F.R. 91.405(a): Maintenance Required,

14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or

alteration,

14 C.F.R. 91.409(a)(1) and (2): Inspections &

14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they only apply

to aircraft with an airworthiness certificate. However I, Charles Berg, will perform pre-flight

inspections of the UAS before each flight as outlined in the operating documents. I, Charles 

Berg, will also follow manufacturer recommendations from said operating documents.
Public Interest

Aerial photography and videography as an available service to the public allows for a 

cheaper method to capturing imagery than its alternative. Its alternative being aircraft and 

helicopters. They are expensive, create lots of noise, and are much more threatening due to

size and combustible fuel.

I, Charles Berg, would gladly offer my services upon request and with proper 

coordination to any official search and rescue or emergency services organization to benefit

the public.

Also as mentioned in the Trudeau exemption, exemption No.11138:

““Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or 

more, are operated by an on board pilot and may carry other on board crew members, as

well as 100 gallons or more of fuel. The petitioner’s [sUAS] weighs less than 6 lbs. The pilot

and crew will be remotely located from the aircraft. The limited weight reduces the potential

for harm to persons or damage to property in the event of an incident or accident. The risk of

an on board pilot and crew during an incident or accident is eliminated with the use of a

[sUAS] for the proposed operation.”

Summary

I, Charles Berg, am seeking exemption from the following rules:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R.

91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R.

91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and

(2), 14 C.F.R. 91.417(a) and (b)

With the exemptions of the mentioned rules I, Charles Berg, will be seeking to make 

my drone photography/videography services available to the public. Alternatively the public 

had seeked to use helicopters and aircraft to achieve what I can offer in a safer, more cost 

efficient manner. By not using combustible fuel, flying at safe heights and strictly following the

usage recommendations from DJI.

These include but are not limited to:

● Flying the following UAS Safely

○ DJI Inspire 1

○ DJI Phantom 2

○ DJI Phantom 3

● Flying below 400 feet
● Proper visual inspection of UAS before flights

● Keeping mentioned UAS in visual sight at all times when in operation

● Using an observer to assist if needed

● Remain well clear of and do not interfere with manned aircraft operations, and avoid

other aircraft and obstacles at all times

● Not intentionally fly over unprotected persons or moving vehicles

● Contact the airport or control tower before flying within 5 miles of an airport

● Not flying in adverse weather conditions such as high winds or reduced visibility

● Not flying under the influence of alcohol or drugs

● Ensure the operating environment is safe

● Not flying over sensitive infrastructure or property such as power stations, water

treatment facilities, correctional facilities, etc.

● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an

expectation of privacy without the individual's permission.

Respectfully, 

Charles Berg

5306 Woodville Ln

Pearland, TX 77584

(832) 287-7470

 chuck09harley@gmail.com