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IN THE MATTER OF THE PETITION FOR 

EXEMPTION OF: 

RISE ABOVE IMAGES LLC. FOR AN EXEMPTION 

SEEKING RELIEF FROM THE REQUIRMENTS OF 

TITLE 14 OF 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) 

Submitted on 5/3/2015 By,Joseph R. Heidelberg 

Rise Above Images LLC. (513) 319---6147 

Rise Above Images LLC. 6401lakerun Ct. Hamilton, OH. 45011 {513)-319-6147 
Table of Contents: Page 2 

Summary: Page 2 

Introduction to Petitioner: Page 3 

The UA V Phantom II Vision Plus: Page 3 

Basis for Petition: Page 4 

Name and Address of Petitioner: Page 4 

The Specific Sections of 14 C.F.R ..... : Page 5~6 

The Extent Of Relief That Rise Above Images LLC Seeks: Page 7 ~8 

The Reasons Why Granting Rise Above Images LLC ..... Page 8~9 

The Reason Why Granting The Exemption Would Not Adversely Affect Safety ... : Page 9 

Additional Information: Page 9 

Summary to be Published in Federal Register: Page lO 

Conclusion: Page 10 

Exhibit "A"~ Safety Checklist 

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 for the purpose of conducting aerial videography and photography in the real estate and 

construction markets of the Greater Cincinnati 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 

relief to use a Phantom II Vision Plus Vision Plus quad-copter to commercially capture video of listings 

while working on private property. RISE ABOVE IMAGES LLC will utilize a Visual Observer (V.O.) while 

maintaining Visual Line of Sight (V.l.O.S.) between the quad-copter and a UAVoperator who 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 of a 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 video transmission 

module) except the 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 greater than 10kts. The 

Phantom II Vision Plus is powered by a single Lipo battery. This battery gives the Phantom II Vision Plus 

an approximate 15 minutes worth of flight time with its attached payload of a 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)-319-6147 
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BASIS FOR PETITION 

RISE ABOVE IMAGES LLC pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI PHANTOM II VISION 

PLUS UAS within the National Airspace 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 of The Petitioner RISE ABOVE IMAGES LLC. Joe Heidelberg 6401lakerun Ct. 

Hamilton, OH. 45011 

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

is carrying passengers or property for compensation or hire; nor may that person, for compensation or 

hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if-(1) The flight is only incidental to that business or 

employment and (2) The aircraft does not carry passengers or property for 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 for takeoff or 

landing, no person may operate an aircraft below the following altitudes: (a) Anywhere, An altitude 

allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on 

the surface. (b) Over congested areas. An altitude of 1000 feet above the highest obstacle within a 

horizontal radius of 2000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 

feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle or structure. (d) Helicopters, 

powered parachutes, and weight-shift-control aircraft. If the 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) of this 

section, provided each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and (2) A powered parachute or weight-Shift-Control aircraft may 

be operated at less than the minimums prescribed in paragraph © of this section. 

4. Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in relevant part: (a) 

Each person operating an aircraft shall maintain the cruising altitude of flight level of that aircraft, as the 

case may be, by reference to an altimeter that is set, when operating- (1) Below 18,000 feet MSL, to-

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft; (ii) If there is not station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft 

not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting 

available before departure; 

5. Section 91.151, entitled Fuel requirements forflight in VFR conditions, subsection (b), states the 

following: (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

6. Section 91.405, entitled Maintenance required, subsection (a) stated the following: Each Owner or 

Operator of an Aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147 
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shall between required inspection, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this 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), states the following: (a) Except as provided in 

paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar 

months, it has had- (1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

9. Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following: (a} Except 

for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall 

keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include-

(i} A description (or reference to data acceptable to the Administrator) or the work performed; and (ii) 

The date of completion of the work performed; and (iii) The signature, and certificate number of the 

person approving the aircraft for return to service (2) Records containing the following information: 

(i} The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current 

status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since 

last overhaul of all items installed on the aircraft which are required to be overhauled on a specified 

time basis. (iv} The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. (v) The 

current status of applicable airworthiness directives (AD} and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the net action is required. (vi) Copies of the forms 

prescribed by§ 43.9(d) of this chapter for each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances. a. The Owner or operator shall retain the following records 

for the periods prescribed: (1) The records specified in paragraph (a}(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the work is performed. (2} The 

records specified in paragraph (a)(2) of this sections shall be retained and transferred with the aircraft at 

the time the aircraft is sold. (3} A list of defects furnished to a registered owner or operator under§ 

43.11 of this 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 
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~ a o 

C. The Extent Of Relief That RISE ABOVE IMAGES LLC. Seeks 

1. Extent of Relief that 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 by a Visual Observer who, along with the pilot, will 

maintain Visual Line of Sight with the Phantom II Vision Plus at all times. All operations conducted will be 

incidental to Rise Above's business. The Phantom II Vision Plus is not able to carry passengers. 

2. Extent of Relief that Rise Above Images seeks in Regards to Section 91.7(a) Civil Aircraft Airworthiness 

Relief from Section 91.7(a) is requested to allow Rise Above Images to determine airworthiness of the 

Phantom II Vision Plus. As part of this determination the following will be adhered to: 

a. Prior to the Phantom II Vision Plus's flight the 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 follow the 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 manufacturer Safety Bulletins. 

3. Extent of Relief that Rise Above Images seeks in Regards to Section 91.119 Minimum Safe Altitudes 

General Relief from 91.119 is requested to allow Rise Above Images to operate the Phantom II Vision 

Plus at altitudes not to exceed 400' AGL over private property at a distance at or greater than SNM from 

the nearest airport as depicted on current Aeronautical Charts. Rise Above Images also wishes to be 

granted exemption to operate at an altitude not greater than 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 order to maintain an acceptable level of safety 

associated with operations over private property: 

(a) Rise Above Images will display signs in the immediate vicinity of operations stating: "Aerial 

Photography In Progress. Use Caution." (b) Rise Above Images will not allow the Phantom II Vision Plus 

to operate at a speed greater than 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 within the 

Phantom II Vision Plus's operating manual. (d) Rise Above Images UAS operator (PIC) will have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total 

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. In 

addition the operator will have logged a minimum of 5 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 familiar with 

and able to manually institute the Phantom II Vision Plus's Return to Home (RTH) feature. This feature 

aborts a flight operation and automatically returns the UAS to a predetermined GPS safe point. (f) Rise 

Above's UAS operator (PIC) will not operate over private property without first finding a suitable 

alternate landing spot on the 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 
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(h) Rise Above Images will utilize a two man flight team consisting of the Pilot in Command (PIC) and a 

Visual Observer (VO). This team will maintain visual line of sight with the Phantom II Vision Plus at all 

times and remain within hearing of one another. (i) Rise Above Images will not permit flight around 

vessels, vehicles and structures without permission from the owner. 

4. Extent of Relief that 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 order to maintain an equal level of safety that 91.121 requires, the PIC of the Rise Above 

Images UAS will abort the flight in the events that the UA loses communications with the GPS signal. 

5. Extent of Relief that Rise Above Images Seeks in Regards to Section 91.151(b) Fuel Requirements for 

Flight in VFR Conditions 

Relief from 91.151(b) is requested to the extent that allows Rise Above Images to operate the Phantom 

II Vision Plus up to a point (considering wind and forecast weather conditions) that there is enough 

power to fly at normal cruising speed to the intended landing point and land the UA with 30% battery 

power remaining. 

6. Extent of Relief that 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 a with Airworthiness certificate 

Relief from 91.405(a), 91.407(a)(1), and (a)(2), And 91.417(a) and (b) is requested to the extent that 

allows Rise Above Images to operate the Phantom II Vision Plus Quad-Copter as necessary. These 

sections are all related to airworthiness certificates of aircraft. There is not currently an airworthiness 

certificate for small UAS's. Rise Above Images would comply in full to any conditions and limitations that 

the Administrator would place in order to 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 of capture show areas that 

are not able to be seen by an earthbound photographer. This type of photography has been used for 

some time by real estate agencies and construction firms. Unfortunately though, 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 of immense benefit to small business by providing affordable aerial photography. 

2) The granted use of aerial photography by Rise Above Images would assist the public by allowing them 

to form a geospatial perspective and academic understanding of the area surrounding the subject of 

their interests. This would certainly help the 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 of damage that may occur in the event of an incident or accident is 

substantially less than that which may occur in the event of an incident or accident involving the 

traditional form of aerial photography. Traditional aerial real estate photographers rely upon full size 

Rise Above Images LLC. 6401 Lakerun Ct. Hamilton, OH. 45011 (513)-319-6147 
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aircraft operating a low altitudes and with a full load of combustible fuel. 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 of professionalism 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 strictly follow the conditions and limitations of the FAA Grant. Some 

procedures that Rise Above Images has or will 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 of aerial photography in progress, and 

NOTAMS issued 48 hours in advance of a flight. b) During flight operations, Rise Above Images will 

utilize a two person team consisting of the Pilot in Command and a Visual Observer. All operations will 

remain within line of sight of the UAS team. c) The UAS will at all times have the GPS Return to Home 

safety feature activated. In the event of a "loss of signal" or if the Pilot in Command deems it necessary 

the UAS will return to a preset position and land. d) In the event that the aerial photography safety zone 

is violated, the Pilot in Command will abort the mission and return to the safe landing zone. e) Rise 

Above Images will only operate the UAS over private property with the permission of the property 

owner and 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 pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, 

which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. 

Rise Above Images commitment to being at the forefront of the rapidly emerging UAS commercial use 

sector is second only to their commitment to operating responsibly. Rise Above Production's owner, 

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 of the 

Phantom II Vision Plus UAS that Rise Above Images will use in the Real Estate/Construction markets. 

This added investment of not only being the Pilot in Command but also the owner of the company, gives 

Rise Above Images a commitment to safety and excellence that will lead it to becoming the flag bearer 

for small business UAS use. Rise Above Images will obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of 

exemption. All aircraft operated by Rise Above Images, in accordance with this exemption, will be 

identified by serial number and registered in accordance with 14 CFR part 47. Rise Above Productions 

will comply with making November markings in accordance with 14 CFR part 45, Subpart C. The 

November markings placed upon the 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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G. Summary to be Printed in Federal Register 

Rise Above Images LLC requests exemption from TITLE 14 OF 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 relief from these sections from the FAA 

Administrator per the intentions of the FAA Moderation and Reform Act of 2012 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 pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation 

of the DJI Phantom II Vision Plus UAS commercially within the Real Estate and Construction markets. The 

Administrator will be assisting small business by granting this petition. In accordance with the FAA 

Modernization and Reform Act of 2012, Rise Above Productions respectfully requests that the FAA 

Administrator grants this petition for exemption from TITLE 14 OF 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 of field if closer than 5 

NM. 

5. Inform tower I CTAF of UAS ops, location, 

and max height of flight 

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 approximately ten 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. Notify Tower!CTAF - End of Ops