Scott	T	Berry

2220-2	Venetian	Ct.

Naples,	FL	34109

UAS	Certificate	Number:	FA3MFFP7RE

December	22, 2015

U.S.	Department of Transportation

Docket Management System	1200

New Jersey Ave., SE Washington DC 20590

Re:		Exemption Request	Pursuant to	Section 333	of the FAA	Reform Act and Part 11	of the Federal Aviation

Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b);	14 CFR 61.113(a); 14	CFR 91.7(a); 14	CFR 91.9(b)(2); 14

CFR 91.103;14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14	CFR 91.203 (a) and (b);	14 CFR

91.405 (a); 14	CFR 91.407 (a) (1) 14 CFR 91.409	(a)(1) and	(2); 14 CFR 91.417(a) and	(b)

To	whom it may concern:

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

operator of small Unmanned	Aerial Systems (UAS), hereby	applies for an exemption	from the listed Federal	

Aviation Regulations to allow commercial operation of a small UAS, so long as such	operations are conducted	

within and	under the conditions outlined	herein or as my be established	by the FAA	as required	by Section 333.

Commercial operation	small UAS, as described	herein, which	are equipped with cameras 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	professional activities.

2.		 Aerial video and/or photography for public and/or private use including	television, public events, and	

cinematography.

3.		 Aerial inspection/photography of residential/commercial structures under contract with the owners or

local government authority.

4.		 Aerial video/photography or providing live video feed to	assist	with search	and	rescue operations in	

cases of an emergency or natural disaster only when	the local authorities or government has requested	

it by contract or donation.

As described	fully below, the requested exemption would	permit the operation of small UAS under controlled	

conditions in	the NAS	that would	be a) limited b) controlled	c) predetermined	and	d) will provide safety	

enhancements to	the already safe operations in the industry presently using conventional aircraft. Approval of	

this exemption would thereby enhance safety and	fulfill the Secretary of Transportation’s (the FAA	

Administrator’s) responsibilities to	“....establish	requirements for the safe operation	of such	aircraft systems in	

the national airspace system.”
The name, phone, email and	address of the applicant:

Name:	 Scott	T	Berry

Phone: (239) 450-0290

Email: scott@sandcastlepros.com

Address:	 2220-2	Venetian	Ct.,	Naples,	FL	34109

UAS	Certificate	Number:	FA3MFFP7RE

Regulations from	which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151	(a)

14 CFR 91.203	(a) & (b)

14 CFR 91.405	(a)

14 CFR 91.407	(a) (1)

14 CFR 91.409	(a) (2)

14 CFR 91.417	(a) & (b)

The small UAS’s I will be using	are multi-rotor craft weighing	no	more than 55lbs. including payload.	 Under	

normal conditions they	operate	at speeds of no	more than 45	Mph	or 39 Knots and	have the ability hover and	

move along	a vertical and horizontal plane simultaneously. They will operate in line of sight only and by the	

exempted person	only obeying	all other local and	federal laws.

Given the small size of the small UAS and the controlled	environment provided	the proposed operations will	

adhere to the Reform Act’s safety requirements. The approval of this application presents no national security	

issues.	 Regarding the level of safety surrounding	the proposed	operations and	the public benefit, reduction in	

environmental impacts,	including	but not limited to	reduced emissions and noise, the grant of the requested	

exemption is in	the public interest. Accordingly the applicant requests that the FAA	grant the requested	

exemption with minimum delay.
AIRCRAFT AND EQUIVALENT LEVEL OF	SAFETY

The operation	limitations proposed for an	equivalent or higher level of safety because operations will further	

enhance	the safety	of the persons and/or property	using	conventional aircraft.

These limitations and conditions to	which the applicant agrees to adhere to	when conducting commercial

operations under the FAA issued exemption as set forth	in	the Flight Operations Manual (FOM) include:

1.		 The small UAS will weigh	less than 55 lbs.

2.		 Flights will be operated within line of sight of a pilot and/or observer.

3.		 Maximum	flight time for each operational flight will be 30 minutes.	 Flights will be terminated at 25%

battery power reserve or 30	minutes of flight time whichever occurs first.

4.		 Flights will be operated	at an	altitude of no	more than	400 feet Above Ground	Level (AGL) and not more

than 200 feet above an elevated	platform from which filming	is planned.

5.		 Minimum	crew for each operation will	consist of the small UAS Pilot in Command	(PIC), the Visual

Observer (VO) when	needed	and may include but not limited to	a Camera Operator.

6.		 The small UAS pilot will be Scott	T	Berry ONLY not allowing any other person to	operate the small UAS

in	a commercial capacity.

7.		 A	briefing will be performed regarding	the planned small UAS operations prior to each day’s flight	

consisting of all the days’ production	activities.

8.		 The PIC will obtain verbal/written consent of all persons involved	with	the	planned operation	and ensure	

that only consenting	persons will be allowed within 100 feet of the flight operation, and the radius may	

be reduced to	30 feet based	upon	an equivalent level of safety determination, as required under the	

FOM. With	the advanced	permission or direction	of the FSDO, operations at closer range may be	

approved.

9.		 The PIC and VO will have been	trained in operation	of small UAS	and receive up-to-date information	for

the particular small UAS to be operated	and will be able to show upon request their competent ability	to	

operate the small UAS and/or Camera.

10. The PIC and VO will be able to	communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission	and permits will be obtained	from territorial, state, county or city	

jurisdictions, including	law enforcement, fire or other appropriate governmental agencies when needed.

12. If the small UAS loses communications or loses GPS signal, the small UAS will have the capability	to	

return to a pre-determined location within a designated	location and	land autonomously.

13. The small UAS will have the capability to	abort a flight in case of unpredicted obstacles, weather, or

emergencies.
14 C.F.R. Part 21, Subpart H:	Airworthiness Certificates 14	C.F.R.	§91.203	(a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of	

airworthiness certificates as required	by	FAR §91.203	(a) (1). Given the size and	limited operating area	

associated with the aircraft to be utilized	by the Applicant, an	exemption from	Part 21 Subpart H meets the	

requirements of an equivalent level of safety under Part 11 and	Section 333	of the Reform Act. The Federal	

Aviation	Act	(49 U.S.C.§44701	(f)) and Section 333	of the Reform Act both authorize the FAA to exempt aircraft

from	the requirement for an	airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and	proximity to	airports and	populated areas of the particular small UAS.	In	all cases, an	analysis of	

these	criteria demonstrates that the small UAS operated	without an airworthiness certificate, in	the restricted	

environment and under the conditions proposed will be at least as safe, or safer, than	a conventional aircraft	

(fixed wing or rotorcraft) operating with	an airworthiness certificate without the restrictions and conditions	

proposed.

The small UAS to	be operated	hereunder is less than 55 lbs.	fully loaded, carries neither a pilot nor passenger,	

carries no	explosive materials or flammable liquid fuels, and operates exclusively within a secured and	

designated	area. Unlike other civil aircraft,	operations under this exemption	will be tightly	controlled	and	

monitored	by both the operator and	under the requirements and in	compliance with	local public safety	

requirements. These safety enhancements provide a greater degree of safety	to the public and	property	owners	

than conventional operations conducted	with airworthiness certificates issued under 14	C.F.R. Part 21, Subpart	

H.	Lastly, application of these same criteria demonstrates that there is no credible threat to national security	

posed	by the small UAS, due to its size, speed of operation, location of operation, lack of explosive materials or	

flammable liquid fuels, and	inability to carry a substantial external load.

14 C.F.R. § 45.23	(b). Marking of the Aircraft

The regulation	requires: When	marks include only the Roman	capital letter "N" and	the registration number is	

displayed on limited, restricted or light-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.

Even though	the small UAS will have no airworthiness certificate, an exemption may	be needed	as the small UAS	

will have no entrance to the cabin, cockpit or pilot station on	which the word “Experimental”	can be placed.	

Given the size of the small UAS, two-inch	lettering will be impossible. The word “Experimental” will be placed	on	

the fuselage in	compliance with §45.29 (f). The equivalent level of safety will be provided by having the small	

UAS	marked on	its fuselage as required	by §45.29	(f) where the pilot, observer and	others working with the

small UAS will see the identification of the small UAS as “Experimental.”
14 C.F.R. § 61.113(a): Private	Pilot Privileges and Limitations: Pilot in Command.

Pursuant to	14 CFR 61.113 (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. Our small UAS	

do	not carry any pilots or passengers nor property therefore I am	seeking an	exemption to	14 CFR

61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting	skills.	 The risks

attendant to	the operation of small UAS is far less	than the risk levels inherent in	the commercial	

activities outlined in	14 CFR 61.	 I feel the operation and	limitations set forth	in the FOM	will equate to	

the safe operation of the small UAS.

The safe operation	and	control of the UAS	as described	in	this application	does not depend	on the type

of FAA	license held by the PIC. That knowledge can	be and	is gained primarily through	practice and	

experience and	not through	flight training	in	fixed wing	or rotor aircraft, nor is it dependent on	the	

acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of	

the factors and	skills needed	for the safe operation of those types of aircraft (fixed	wing	or rotorcraft).	It	

cannot be assumed	that any type of pilot, approved	to	operate a helicopter or fixed	wing	aircraft, has

the skill or ability to	safely operate a small unmanned aerial vehicle, operating	at 400 AGL or lower,

within	strictly controlled	pre-approved	airspace. From	a practical standpoint, there are relatively few	

licensed	full-scale aircraft pilots who	are also qualified to fly the type of UAS that are utilized	for	

infrastructure image- capture operations. There are even	fewer pilots that can	fly these UAS	– to	the	

point that to do	both is considered	rare

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation	requires that no person may operate a civil aircraft unless it is in	airworthy condition.	As	

there will be no airworthiness certificate	issued for the aircraft, should this exemption be granted, no FAA	

regulatory standard	will exist for determining	airworthiness. Given	the size of the aircraft	for maintenance	

and	use of safety checklists prior to each	flight an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the	Aircraft.

Section 91.9 (b) (2) provides: No	person may operate	a U.S.-registered	civil aircraft ...	(2) For which	an	

Airplane or Rotorcraft Flight Manual is not required	by §21.5	of this chapter, 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. The small UAS, given	its size and	configuration has	

no	ability	or place to	carry such a flight manual on the aircraft, not only because there is no pilot on	

board, but because there is no room	or capacity to	carry such an item	on	the aircraft. The equivalent	

level of safety will	be maintained	by	keeping the flight manual at the ground control point where	the	

pilot flying	the small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation	requires each pilot in command to take certain actions before flight to	insure the safety of	

flight.	As FAA	approved	rotorcraft	flight manuals will not be provided	for the aircraft an exemption will be	

needed. The OPERATOR will take all actions including	reviewing weather, flight battery requirements,

landing	and takeoff distances and	aircraft performance data before initiation of flight.
14 C.F.R. §91.109:	Flight Instruction.

Section 91.103 provides 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.	Small UAS	and	

remotely piloted	aircraft, by their design	do	not have fully functional dual controls.	Flight control is	

accomplished through	the use of a control box that communicates with the aircraft via radio	

communications. The FAA has approved	exemptions for flight training without fully functional dual	

controls for a number of aircraft and for flight instruction	in experimental aircraft. The equivalent level of	

safety provided	by the fact that neither a pilot nor passengers will be carried	in	the aircraft and	by the

size and speed of the aircraft.

14 C.F.R. §91.119:	Minimum Safe Altitudes.

Section 91.119	establishes safe altitudes for operation of civil aircraft.	Section 91.119 (d) allows	

helicopters to be operated at less than the minimums prescribed, provided the person operating the	

helicopter complies with any route or altitudes prescribed	for helicopters by the FAA.	As this exemption	is	

for a small UAS that is a helicopter and the exemption requests authority to	operate at altitudes up to	400

AGL, or not more than 200 above an	elevated platform from which filming	is planned, an	exemption	may	

be needed to allow such operations.	As set forth herein, the small UAS will never operate at higher than

400 AGL	with the exception that in circumstances where	the small UAS	is used to survey or photograph a	

structure	whose height exceeds 400 feet AGL, the small UAS	will not be operated more than 100' above	

the highest point on the structure.	It will however be operated

in	a restricted	area with security perimeter, where buildings and people will not be exposed to

operations without their pre-obtained consent. The equivalent level of safety	will be achieved given the	

size, weight, speed	of the small UAS	as well as the location	where it is operated. No	flight will be taken	

without the permission of the property owner or local officials. Because of the advance notice to the	

property	owner and	participants in	the filming activity, all affected	individuals will be aware of the	

planned flight operations. Compared to flight

operations with	aircraft or rotorcraft weighting far more than the maximum 55lbs.	proposed	herein	and	

the lack

of flammable fuel, any risk associated with these operations is far less than those presently presented	

with	conventional aircraft operating at or below 500	AGL.	In	addition, the low-altitude operations of	

the small UAS	will ensure separation between these small- UAS operations and the operations of	

conventional aircraft	that must comply with	Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation	requires each person operating an	aircraft to	maintain cruising	altitude by reference to	

an	altimeter that is set “...to the elevation of the departure airport or an	appropriate altimeter setting	

available before departure.” As the small UAS may not have a barometric altimeter, but instead	a GPS	

altitude read out, an exemption may be needed. An equivalent level of safety	will be achieved by the	

operator, pursuant to	the safety check list and	live flight data monitoring, confirming	the altitude of the

launch	site shown on the GPS	altitude indicator before flight.
14 C.F.R. § 91.151(a):	Fuel Requirements	for Flight in VFR Conditions

Section 91.151	(a) prohibits an	individual from	beginning “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; or (2) At night, to	fly after that for at least 45 minutes.”	The battery	powering	the small UAS	

provides approximately 30 minutes of powered	flight. To	meet the 30 minute reserve requirement in 14

CFR §91.151, small UAS flights would	be limited	to approximately 10 minutes in	length. Given the	

limitations on the small UAS’s proposed	flight area and the location of its proposed	operations within a	

predetermined	area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable.	

Applicant believes that an exemption from	14 CFR §91.151(a) falls within the scope of prior exemptions.	

Operating the small UAS, in a tightly controlled area where only people and property owners or official	

representatives who have signed waivers will be allowed, with	less than

30	minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to

alleviate given the size and speed of the small UAS.	Additionally, limiting	small UAS	flights to	10	minutes	

would	greatly reduce the utility for which the exemption	will	be granted.	Applicant believes that an	

equivalent level of safety can be achieved by limiting flights to 30	minutes or 25% of battery power—

whichever happens first. This restriction would	be more than adequate to return the small UAS	to its	

planned	landing zone from	anywhere in	its limited operating area.

14 C.F.R. §91.203	(a) and (b):	Carrying Civil Aircraft Certification and	Registration

The regulation	provides in pertinent part:

(a) Except	as provided	in § 91.715, no	person may operate a civil aircraft unless it has	

within	it the following:

(1) An	appropriate	and	current airworthiness certificate.	.	.	.

(b) No person may operate a civil aircraft unless the airworthiness certificate required	by	

paragraph (a) of this section or a special flight authorization	issued under §91.715 is displayed	at the	

cabin	or cockpit entrance so that it is legible to	passengers or crew.

The small UAS	fully loaded weighs no more than 55 lbs. and	is operated without an	onboard	pilot.	As	

such, there is no	ability or place to carry certification and	registration	documents or to display them	on	

the small UAS.

An	equivalent level of safety will	be achieved by keeping	these documents at the ground control point	

where the pilot flying the small UAS	will have immediate access to them; to the extent they are applicable	

to	the small UAS.

14 C.F.R. §91.405	(a); 407	(a) (1); 409	(a) (2); 417(a) & (b):	Maintenance Inspections.

These regulations require that an	aircraft operator or owner “shall have that aircraft inspected	as	

prescribed	in subpart E of this part and	shall between required inspections, except as provided in	

paragraph (c) of this section, have discrepancies repaired	as prescribed in	part 43 of this chapter...,” and
others shall inspect or maintain the aircraft in compliance	with Part 43. Given that	these section and	Part

43 apply only to aircraft with	an	airworthiness certificate, these sections will not apply to	the applicant.	

Maintenance will be accomplished	by the operator pursuant to the flight manual and operating handbook.	

An equivalent level of safety will be achieved because	these	small UASs are very	limited	in size and will	

carry a small payload and operate only in restricted areas for limited periods of time.	If mechanical issues	

arise the small UAS can	land	immediately and will be operating from no higher than	400 feet AGL.	The	

operator will ensure that the small UAS is in	working order

prior to initiating flight, perform	required maintenance, and keep a log of any maintenance performed.

Moreover, the operator is the person most familiar with	the aircraft and best suited	to maintain the	

aircraft	in	an	airworthy	condition	to provide the equivalent level of safety.

An	equivalent level of safety will	be achieved because maintenance and inspections will be performed	in	

accordance with the	small UAS	Manufacturer's Manual, as referenced	in the Aircraft Operations Manual	

(AOM). As provided	in	the FOM, the operator will ensure that the small UAS is in working order prior to	

initiating flight and	perform required maintenance needed.

Small UAS	Information

Small UAS’s to	be used	are as follows but not limited to providing they are within the scope of the	

exemption granted by the FAA:

1.		 DJI Phantom	3	Pro (P3VP)

*See	Attached	User Manual For Full Specs*

Conclusion

Thank you	for the consideration of these exemptions

Sincerely

Scott	T	Berry