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# INTHEMATTEROFTHEPETITIONFOR EXEMPTION OF: RISE ABOVE IMAGES LLC. FORAN EXEMPTION SEEKING RELIEF FROMTHE REQUIRMENTS OF TITLE 14 OFTHE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and(b)

Submittedon5/3/2015 By,JosephR. Heidelberg Rise Above Images LLC. (513) 319---6147
Rise Above Images LLC. 6401lakerun Ct. Hamilton, OH. 45011 {513)-319-6147

### TableofContents: Page 2 Summary: Page 2 Introductionto Petitioner: Page 3 TheUA VPhantomII VisionPlus: Page 3 Basisfor Petition: Page4 Name andAddressofPetitioner:Page 4 TheSpecific Sectionsof14 C.F.R

.....:Page**5~6** 

### TheExtentOfReliefThatRiseAbove Images LLC Seeks: Page 7**~8** 

### TheReasonsWhyGrantingRiseAbove Images LLC

.....Page**8~9** 

### TheReasonWhyGrantingTheExemptionWouldNotAdverselyAffect Safety

...:Page 9 AdditionalInformation: Page 9 SummarytobePublishedinFederalRegister: Page lO Conclusion: Page 10 Exhibit**"A"~** 

### SafetyChecklist

Rise Above Images LLC. 6401lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

## SUMMARY RISE ABOVE IMAGES LLC, which is Doing Business As (DBA) Rise Above Images, seeks exemptions from Title 14, Code of Federal Regulations§§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b) to operate a DJI PHANTOM II VISION PLUS UAS. This exemption will allow Rise Above Images LLC to operate an Unmanned Aerial Vehicle commercially forthe purpose ofconducting aerial videography and photography in the real estate and construction markets ofthe GreaterCincinnati Region. These images and videos will provide community awareness and geospatial understanding.



## INTRODUCTION TO PETITIONER
Rise Above Images LLC, is a real estate videography and photography company specializing in producing high quality results for clients who want digital displays of MLS listings. RISE ABOVE IMAGES LLC seeks reliefto use a Phantom II Vision Plus Vision Plus quad-copterto commercially capture video of listings while working on private property. RISE ABOVE IMAGES LLC will utilize aVisual Observer (V.O.) while maintainingVisual Line ofSight (V.l.O.S.) between thequad-copter and a UAVoperatorwho will have a current private pilots license. 

## The UAV PHANTOM II VISION PLUS
The DJI Phantom II Vision Plus is a quad-rotor Unmanned Aircraft System (UAS) weighing less than 3 pounds. The Phantom II Vision Plus UAS that RISE ABOVE IMAGES LLC will be responsible for also utilizes a mobile ground station. The UAS features a safety Return to Home function that in the event ofa signal loss, the UAS will return to a preset position and land. The Return to Home feature can also be triggered manually. PHANTOM 2 uses a 2.4GHz RC system. To avoid communication interference, RISE ABOVE IMAGES LLC will not use other 2.4GHz devices (including 2.4G Wi-Fi or 2.4G wireless videotransmission module) exceptthe 2.4G Bluetooth and 2.4G Datalink.The Phantom II Vision Plus can fly at approximately 30kts. Rise Above Productions has no need to operate at a speed greaterthan 10kts. The Phantom II Vision Plus is powered by a single Lipo battery. This batterygives the Phantom II Vision Plus an approximate 15 minutesworth offlight time with its attached payload ofa 14 mega pixel camera and the associated gimbal that connects the camera to the quad-copter.

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-614741Page 

## BASIS FOR PETITION RISE ABOVE IMAGES LLC pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. 

### § 11.61) and the FAA Modernization and Reform Act of2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitionsthe Administratorto operate the DJI PHANTOM II VISION PLUS UAS within the NationalAirspace System, and for an exemption from the requirements of 14 C.F.R. 

### §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(l), 91.409 (a)(1) and (2), 91.417 (a) and (b). A. Name and Address ofThe Petitioner RISE ABOVE IMAGES LLC. Joe Heidelberg 6401lakerun Ct. Hamilton, OH. 45011

Rise Above Images LLC. 6401lakerun Ct. Hamilton, OH. 45011 (513)-319-6147SJPage 

## B. RISE ABOVE IMAGES LLC Requests Relief from the Following Sections of 14 C.F.R. 1. Sections 61.113, entitled Private pilot privileges and limitations: Pilot in Command, Subsections (a) and (b) prescribed the following, in part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or propertyfor compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business oremployment if- (1) The flight is only incidental to that business or employment and (2) The aircraft does notcarry passengers or propertyfor compensation or hire. 2. Section 91.7, entitled Civil airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. Section 91.119, entitled Minimum Safe Altitudes: General Except when necessary fortakeoffor landing, no person may operate an aircraft belowthe following altitudes: (a) Anywhere, An altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. An altitude of 1000feet above the highest obstacle within a horizontal radius of2000feet ofthe aircraft. (c) Overotherthan congested areas. An altitude of500 feet above the surface, except overopen wateror sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feetto any person, vessel, vehicle orstructure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe operation is conducted without hazard to persons or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicoptercomplies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute orweight-Shift-Control aircraft may be operated at less than the minimums prescribed in paragraph 

### © ofthis section. 4. Section 91.121, entitled Altimeter Settings, subsection (a), statesthefollowing, in relevant part: (a) Each person operating an aircraft shall maintain the cruising altitude offlight level ofthataircraft, as the case may be, by reference to an altimeterthat is set, when operating- (1) Below 18,000feet MSL, to- (i) The current reported altimeter setting ofa station along the route and within 100 nautical miles of the aircraft; 

### (ii) Ifthere is notstation within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimetersetting ofan appropriate available station; or 

### (iii) In the case ofan aircraft notequipped with a radio, the elevation ofthe departure airport oran appropriate altimetersetting available before departure; 5. Section 91.151, entitled Fuel requirementsforflight in VFR conditions, subsection (b), states the following: (b) No person may begin aflight in a rotorcraft underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to flytothe first point ofintended landing and, assuming normal cruising speed, to fly afterthatfor at least 20 minutes. 6. Section 91.405, entitled Maintenance required, subsection (a) stated the following: Each Owneror Operatorofan Aircraft- (a) Shall have that aircraft inspected as prescribed in subpart Eofthis part and

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

### 6IPage

shall between required inspection, except as provided in paragraph (c) ofthis

## section, have discrepancies repaired as prescribed in part43 ofthis chapter. 7. Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsections (a)(1}, states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless- (1) It has been approved for return to service by a person authorized under §43.7 ofthis chapter. 8. Section 

### 91.409, entitled Inspections, subsection (a), statesthe following: (a) Except as provided in paragraph (c) ofthis 

## section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had- (1) An annual inspection in accordance with part43 ofthis chapter and has been approved for return to service by a person authorized by §43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part21 ofthis chapter. 9. Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following: (a} Except forwork performed in accordance with §§ 91.411 and 91.413, each registered owner oroperator shall keep the following records forthe periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and other required orapproved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, 

## rotor, and appliance ofan aircraft. The records must include- (i} A description (or reference to data acceptable tothe Administrator) orthe work performed; and (ii) The date ofcompletion ofthe work performed; and 

### (iii) The signature, and certificate number ofthe person approving the aircraft for return to service (2) Records containing the following information: (i} The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts ofeach airframe, engine, propeller, 

## rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraftwhich are required to be overhauled on a specified time basis. (iv} The current inspection status ofthe aircraft, including the time since the last inspection required bythe inspection program underwhich the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD} and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD orsafety directive involves recurring action, the time and date when the netaction is required. (vi) Copies ofthe forms prescribed by§43.9(d) ofthis chapterfor each majoralteration to the airframe and currently installed engines, 

## rotors, propellers, and appliances. a. The Owner or operatorshall retain the following records forthe periods prescribed: (1) The records specified in paragraph (a}(1) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1year afterthe work is performed. (2} The records specified in paragraph (a)(2) ofthis sections shall be retained and transferred with the aircraft at the time the aircraft is sold. (3} A list ofdefectsfurnished to a registered owneroroperator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513}-319-6147

## 7J D··-c;e**~** a o 

## C. The Extent Of Relief That RISE ABOVE IMAGES LLC. Seeks
1. Extent of Reliefthat Rise Above Images LLC Seeks Regarding Section 61.113 (a) and (b) Private Pilot Privileges and Limitations Relieffrom Section 61.113 (a) and (b) is requested to allow a Pilot in Command holding a current Private Pilots Certificate to operate the Rise Above Images Phantom II Vision Plus. The flight would be complimented bya Visual Observerwho, along with the pilot, will maintain Visual Line ofSight withthe Phantom II Vision Plus at all times. All operations conducted will be incidental to Rise Above's business. The Phantom II Vision Plus is notable to carry passengers. 2. Extent of Reliefthat Rise Above Images seeks in Regards to Section 91.7(a) Civil Aircraft Airworthiness Relieffrom Section 91.7(a) is requested to allow Rise Above Images to determine airworthiness ofthe Phantom II Vision Plus. As part ofthis determination the following will be adhered to:
a. Priorto the Phantom II Vision Plus's flightthe PIC will inspect the UA to ensure it is in a condition that will be conducive for a safe flight. The ground control station will be included in the above inspection. b. Rise Above Images will followthe DJI Phantom II Vision Plus's aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements. c. Rise Above Images will comply with all DJI manufacturerSafety Bulletins. 3. Extent of Reliefthat Rise Above Images seeks in Regards to Section 91.119 Minimum Safe Altitudes General Relieffrom 91.119 is requested to allow Rise Above Images to operate the Phantom II Vision Plus at altitudes notto exceed 400' AGL over private property at a distance atorgreaterthan SNM from the nearest airport as depicted on currentAeronautical Charts. Rise Above Images also wishes to be granted exemption to operate at an altitude notgreaterthan 50' AGL (below tree level) between 1NM and SNM from the nearest airport as depicted on current Aeronautical Charts. Rise Above Images will adhere to the following in orderto maintain an acceptable level ofsafety associated with operations over private property: (a) Rise Above Images will display signs in the immediatevicinity ofoperations stating: "Aerial Photography In Progress. Use Caution." (b) Rise Above Imageswill not allowthe Phantom II Vision Plus to operate at a speed greaterthan 10kts. (c) Rise Above Images will require the UAS operator (PIC) to be fully trained on the Phantom II Vision Plus by adhering to the recommendations contained withinthe Phantom II Vision Plus's operating manual. (d) Rise Above Images UAS operator (PIC) will have accumulated and logged, in a mannerconsistentwith 14 CFR 61.51(b), a minimum of25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilotwith a multi-rotor UAS. In addition the operatorwill have logged a minimum of5 hours as a UAS pilot operating the make and model UAS that Rise Above Images operates. (e) Rise Above's UAS operator (PIC) will be familiarwith and able to manually institutethe Phantom II Vision Plus's Return to Home (RTH) feature. This feature aborts aflight operation and automatically returns the UAS to a predetermined GPS safe point. 

### (f) Rise Above's UAS operator (PIC) will notoperate over private propertywithout first finding a suitable alternate landing spot onthe property. (g) Rise Above's UAS operator (PIC) will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

### SIPage (h) Rise Above Images will utilize a two man flightteam consisting ofthe Pilot in Command (PIC) and a Visual Observer (VO). This team will maintainvisual line ofsight with the Phantom II Vision Plus at all times and remain within hearing ofone another. (i) Rise Above Images will not permitflight around vessels, vehicles and structures without permission from the owner. 4. Extent of Reliefthat Rise Above Images Seeks in Regards to Section 91.121 Altimeter Settings Relief from 91.121 is requested because the Phantom II Vision Plus utilizes electronic GPS with a barometric sensor. In orderto maintain an equal level ofsafety that 91.121 requires, the PIC ofthe Rise Above Images UAS will abortthe flight in the events thatthe UA loses communications with the GPS signal. 5. Extent of Reliefthat Rise Above Images Seeks in Regards to Section 91.151(b) Fuel Requirementsfor Flight in VFR Conditions Relieffrom 91.151(b) is requested tothe extentthat allows Rise Above Images to operate the Phantom II Vision Plus upto a point (considering wind and forecast weather conditions) thatthere is enough powerto fly at normal cruising speed tothe intended landing point and land the UA with 30% battery power remaining. 6. Extent of Reliefthat Rise Above Images Seeks in Regards to Sections 91.40S(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated awith Airworthiness certificate Relieffrom 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested tothe extentthat allows Rise Above Images to operate the Phantom II Vision Plus Quad-Copter as necessary. These sections are all related to airworthiness certificates ofaircraft. There is notcurrently an airworthiness certificate for small UAS's. Rise Above Images would comply in full to any conditions and limitationsthat the Administratorwould place in orderto receive an approved Grant of Exemption. 

## D. THE REASONS WHY GRANTING THE EXEMPTION WOULD BE IN THE PUBLICS INTEREST 1) Aerial photography lends a unique perspective to the viewer. The angles ofcapture show areas that are not able to be seen by an earthbound photographer. This type ofphotography has been used for some time by real estate agencies and construction firms. Unfortunatelythough, it is often cost prohibitive for small business. The expensive fees demanded by traditional aerial photography outfits has often given large firms an advantage. With a Grant of Exemption from the Administrator, Rise Above Images can be ofimmense benefitto small business by providing affordable aerial photography. 2) The granted use ofaerial photography by Rise Above Images would assist the public by allowing them to form a geospatial perspective and academic understanding ofthe area surroundingthe subject of their interests. This would certainly helpthe clients of Rise Above Images garner business and therefor would directly have a positive effect upon the economy. 3) The risk associated with UAS aerial photography is less than the risk associated with traditional aerial photography. The UAS that Rise Above's incorporates weighs less than 31bs. This UAS is also fueled by a single battery. The amount ofdamage that may occur in the event ofan incident or accident is substantially less than that which may occur in the event ofan incident or accident involving the traditional form ofaerial photography. Traditional aerial real estate photographers rely upon full size

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

### 91Page

aircraft operating a low altitudes and with afull load ofcombustiblefuel. Responsible UAS operations are inherently in the public's interest. 

## E. The Reason Why Granting The Exemption Would Not Adversely Affect Safety. Rise Above's high level ofprofessionalism and desire to set the standard for successful and safe UAS real estate operations squarely coalesces with the FAA's safety mission. In addition, Rise Above Images will strictlyfollowthe conditions and limitations ofthe FAA Grant. Some proceduresthat Rise Above Images has orwill have in place include: a) Standard Operating Procedures (SOP); which will include a pre-flight checklist, airworthiness inspection by the Pilot in Command, signage depicting a notice ofaerial photography in progress, and NOTAMS issued 48 hours in advance ofa flight. b) During flight operations, Rise Above Images will utilize a two person team consisting ofthe Pilot in Command and aVisual Observer. All operations will remain within line ofsight ofthe UAS team. c) The UAS will at all times have the GPS Return to Home safety feature activated. In the eventofa "loss ofsignal" or ifthe Pilot in Command deems it necessary the UAS will return to a preset position and land. d) In the event thatthe aerial photography safety zone is violated, the Pilot in Command will abortthe mission and return to the safe landing zone. e) Rise Above Images will onlyoperate the UAS over private propertywiththe permission ofthe property ownerand will stay a safe distance away from vehicles, structures and people. f) As Federal guidelines are developed, Rise Above Images will stay up to date and within compliance of all changes. 

## F. Additional Information
This Petition is made pursuanttothe FAA Modernization and Reform Act of2012 (FMRA) Section 333, which directsthe Secretary ofTransportation to determine ifcertain UAS may operate safely in the NAS. Rise Above Images commitmentto being atthe forefront ofthe rapidly emerging UAS commercial use sector is second only totheircommitmentto operating responsibly. Rise Above Production'sowner, Edward Hanson, is a graduate of Embry-Riddle Aeronautical University. Mr. Hanson holds a private/instrument single engine land certificate and will be the primary Pilot in Command ofthe Phantom II Vision Plus UAS that Rise Above Images will use in the Real Estate/Construction markets. This added investment ofnotonly being the Pilot in Command butalso the ownerofthe company, gives Rise Above Images a commitmentto safety and excellence that will lead itto becoming the flag bearer for small business UAS use. Rise Above Images will obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver orAuthorization (COA) priorto conducting any operations underthis grant of exemption. All aircraft operated by Rise Above Images, in accordance with this exemption, will be identified by serial numberand registered in accordance with 14 CFR part47. Rise Above Productions will comply with making November markings in accordance with 14 CFR part 45, Subpart C. The November markings placed uponthe Rise Above Images Phantom II Vision Plus UAS will be as large as practical. Attached are the Operating Manual and Quick Start Manual that are used in conjunction with the Rise Above Images Standard Operating Procedures.

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

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## I P g 

### e 

## G. Summary to be Printed in Federal Register
Rise Above Images LLC requests exemption from TITLE 14OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b). Rise Above Productions requests relieffrom these sections from the FAA Administrator perthe intentionsofthe FAA Moderation and Reform Act of2012 so that Rise Above Images LLC can produce photography and video for clients within the real estate and construction markets. 

## CONCLUSION
As set forth herein, Rise Above Images LLC seeks an exemption pursuantto 14C.F.R. § 11.61 and Section 333 ofthe FAA Modernization and Reform Act of2012 (FMRA), which will permit safe operation ofthe DJI Phantom II Vision Plus UAS commercially within the Real Estate and Construction markets.The Administratorwill be assisting small business by grantingthis petition. In accordance with the FAA Modernization and Reform Act of2012, Rise Above Productions respectfully requests that the FAA Administrator grantsthis petition for exemption from TITLE 14OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 91.417 (a) and (b)

Rise Above Images LLC. 6401Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147

# Phantom 2 Vision 

# + Mission Checklists psFiightorg 

# Arrival Checklist 1. 

## If day 

## and operating out 

## of back 

## of vehicle, point vehicle 

## into sun. 

# 2. Remove case and place on level surface. 3. Check 

## distance to nearest airport and/or controlled airspace using smartphone or tablet app. 

## 4. If required, use VHF aviation transceiver. to contact tower offield 

## ifcloser than 5 NM. 5. Inform tower 

## I CTAF of UAS ops, location, and max heightofflight

1. Remove 

## transmitter. 2. Router
- On 3. 

## Transmitter- On 

## 4. Toggle Switches- Full Up 5. Video Monitor
- On 

## 6. Remove UAS from case. 7. 

## Gimbal Lock & Lens Cap
- 

## Removed 

## 8. Micro-SO card- 

## Inserted. 

## 9. UAS Battery- Inserted 10. 

## Place UAS in clear and safe launch and 

## recovery position 

## if it returns to home. 

## 11. UAS Battery- On 12. Wifi Connection 

## to Monitor
- Verified 

## 13. DJI Application- Load 

## 14. DJI app!Ecation- Connect to Camera 15. SD Card
- Format 16. Camera
- Full Up 17. Satellite Connections- Verified 18. Charge Levels
- Safe for 

## Flight 19. Video Recording
- Start 20.Takeoff 1. Hover approximatelyten feet above the ground to confirm UAS is under controL 2. All sticks operate correctly while in hover -Verified

1. Camera
- Fun Up 2. Video 

## Recorder
- Stop 

## 3. Landing Zone
- Clear 

## I Safe

1. Battery
- Remove & 

## Replace 2. Wift Connection 

## to Monitor- Verified 

## 3. DJI application- Connect 

## to Camera 4. Takeoff 

## End of Ops Checklist 1. Battery
- 

## Off 2. Transmitter
- Off 3. Router
- Off 

## 4. NotifyTower!CTAF
- End of Ops