The Rislee Tree Co., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

THE RISLEE TREE COMPANY, LLC DBA

NEXT WAVE AERIAL IMAGARY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS 

OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTION 21, SUBPART H; § 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. Part 

27; 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.121; 91.151(a); 91.203(a) 

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

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 

PROFESSIONAL AND DJI INSPIRE 1 UNMANNED AIRCRAFT 

SYSTEMS PERSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted: October 1st, 2015

Jonathan Mackin

The Rislee Tree Co., LLC DBA Next Wave Aerial Imagery, LLC

136 Central Avenue

First Floor Front 

Ocean City, NJ 08226

Tel: (609)464-0660

Jonathan.mackin1@gmail.com
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Table of Contents

I. Description of Petitioner

II. Description of Proposed Operations

III. Relevant Statutory Authority

IV. Next Wave Aerial Imagery’s Proposed UAS Operations meet the 

Requirements of Section 333 of the Reform Act

V. Regulations from which Exemption is Requested

A. 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

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

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

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

Registration

E. 14 C.F.R. §91.9(c) 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

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

I. 14 C.F.R. § 91.121: Altimeter Settings

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

K. 14 C.F.R. § 91.407(a)(1) and (2); 91.417(a) and (b): Maintenance 

Inspections

VI. Public Safety, Interest, and Benefit

VII. Privacy

VIII. Links to UAS Manufacturer’s Manual

IX. Summary the FAA may Publish in the Federal Register

X. Conclusion
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September 26, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal 

Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R 

Part 27; 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.121; 91.151(a); 

91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Jonathan R. Mackin, owner of The Rislee Tree Co, LLC DBA Next Wave Aerial 

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

procedures contained within 14 C.F.R. 11. I, Jonathan R. Mackin, owner and operator 

of small unmanned aircraft, am requesting to be exempted from the Federal Aviation 

Regulations (“FARs”) as outlined in this petition. This petition for exemption is so that I, 

Jonathan R. Mackin, may operate small light weight unmanned aircraft systems (“UAS”) 

commercially in airspace regulated by the Federal Aviation Administration (“FAA”).

I. Description of Petitioner

The Rislee Tree Co., LLC DBA Next Wave Aerial Imagery is a single proprietor 

company owned & operated by myself, Jonathan R. Mackin. I have been a 

Naval Aviator (# 25615) and held my Commercial Pilot rating since April 2000 

(Cert # 141621028). I am an experienced Coast Guard helicopter pilot well 

versed in search and rescue, ports and waterways security and rotary wing aerial 

intercept. I have flown in support of Operation Noble Eagle since 2006 and have 

protected presidential TFRs all over the nation. Additionally, I have flown 

multiple RC airplane and quad-copter aircraft recreationally for over 25 years

without incident.

I am retiring from Military Service and I have decided to start my company Next 

Wave Aerial Imagery which will function under The Rislee Tree Co., LLC to 

operate UAS (DJI Phantom 3 Professional and DJI Inspire 1) to enhance 

individual and company awareness in relation to agricultural, geological, and real 

estate survey and inspection with aerial imaging. Traditionally, much of this type 

of imaging has been done with the use of fixed-wing aircraft and full-scale 

rotorcraft. The use of fixed-wing aircraft and rotorcraft in low level operations is 

disruptive to the community and presents serious risks to the public and natural 
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environment, to include but not limited to, catastrophic mechanical failure, 

precautionary emergency landings, noise pollution, combustion related air 

pollution, and rotor wash damage. The operation of a UAS will eliminate risks 

associated with these traditional methods of agricultural, geographical and real 

estate land survey and inspection.

Next Wave Aerial Imagery UAS operations for the purposes described above will 

occur under tightly controlled conditions on mostly privately owned property and 

at the owner’s or authorized representative’s request and consent. Those 

operations not occurring on privately owned property will be conducted under 

tightly controlled conditions and away from congested or densely populated 

areas and at low levels of flight.

Next Wave Aerial Imagery operations will be conducted in compliance with in the 

conditions and limitations of the UAS manufacturer’s aircraft/component manual 

and limitations of this Petition for Exemption. Operations will be limited to VFR 

conditions in daytime hours at altitudes at or below 400 feet AGL and remaining 

clear and yielding the right of way to all manned aviation operations and activities 

at all times.

Petitioner’s Contact Information:

The Rislee Tree Co. LLC, DBA Next Wave Aerial Imagery

c/o Jonathan Mackin

136 Central Avenue

First Floor Front

Tel: 609-464-0660

Email: jonathan.mackin1@gmail.com

II. Description of Propose Operations

Next Wave Aerial Imagery intends to use a small UAS for the purpose of aerial survey

and inspection of various public and privately owned land for the purpose of planning 

and execution of new construction, mapping, and the definition of legal boundaries for 

land ownership and development. The use of small UAS will provide greater resolution 

and flexibility in imaging in this setting. Low flying UASs can deliver information in 

support of aerial land/water survey in a much safer, efficient and cost effective manner 

than conventional methods which use heavier, fuel laden fixed-winged or full scale 

rotorcraft. 

Next Wave Aerial Imagery will additionally use its UAS to survey and inspect 

geographical layouts and real estate listings. This will increase public and academic 

visual awareness of land layouts in specified areas of request. The use of a UAS will 
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provide close-up views of real estate listings unattainable by traditional means. The 

UAS is battery operated and creates no emissions; it also contains no combustible fuel 

source rendering it safer than conventional aerial photography. 

Next Wave Aerial Imagery will operate the UAS at a ground speed no greater than 30 

knots (34 mph) and at an altitude at or below 400 feet above ground level (AGL). All 

operations will be completed during daylight hours with a visual observer (VO) and 

operated within the visual line of sight (VLOS) of the VO at all times.

III. Relevant Statutory Authority

This Petition for Exemption is submitted pursuant to Section 333 (a) through (c) of the 

FAA Modernization and Reform Act 2012 (Reform Act). Congress has directed the FAA 

“to safely accelerate the integration of civil unmanned aircraft systems into the national 

airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is 

to permit unmanned aircraft systems to operate in the National Air Space (NAS) where 

it is safe to do so based on the following considerations;

 The UAS’s size, weight, speed and operational capability

 Operation of the UAS in close proximity to airports and populated 

areas

 Operation of the UAS within the visual line of sight of the operator

IV. Next Wave Aerial Imagery’s Proposed UAS Operations meet the 

Requirements of Section 333 of the Reform Act

The operation of a small UAS by Next Wave Imagery qualifies for approval pursuant to 

Section 333 of the Reform Act as each of the statutory criteria and relevant factors are 

satisfied as stated in this Petition for Exemption.

A. Approval is warranted based on Next Wave Aerial Imagery’s UAS’s size, 

weight, speed, and operational capability.

1. The UAS will weigh less than 20 pounds (including all equipment).

2. The UAS will not exceed 25 knots.

3. The UAS will not exceed 400 feet above ground level.

4. Altitude information will be generated by GPS triangulation that is contained 

within the UAS. This information is transmitted to the pilot via telemetric data 

feed (DJI Pilot App).
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5. All flights will be flown with enough power to fly at normal cruising speed to the 

intended landing point and land the UAS with 20% battery power remaining.

6. The UAS will have a system independent function in the event communications 

or GPS signal is lost. The UAS will return to a pre-determined location and land 

safely within the planned operating area via DJI’s Return-To-Home programming 

(RTH).

7. Radio frequencies used for operations and control of the UAS will be in 

compliance with the Federal Communications Commission (FCC) or other 

appropriate oversight agency requirements.

B. Approval is warranted based on the UAS’s manufacturer’s operational 

manual and Next Wave Aerial Imagery’s proposed operations.

1. UAS operations will be conducted with a minimum of a Pilot-In-Command (PIC) 

and a visual observer (VO) at all times.

2. The UAS will be operated within Visual Line of Sight (VLOS) of the PIC and VO 

at all times during flight.

3. All flights will be operated during day light hours.

4. The UAS will be operated in compliance with all manufacturer Safety Bulletins in 

addition to the UAS operational manual and firmware updates.

5. The UAS will remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

6. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

7. Next Wave Aerial Imagery will obtain an Air Traffic Organization (ATO) issued 

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

under this grant of exemption. This COA will require Next Wave Aerial Imagery

to request a Notice to Airmen (NOTAM) with the appropriate ATC facility 48 to 72 

hours prior to UAS operation.

8. Next Wave Aerial Imagery will obtain all required permissions from the 

landowner/controller or authorized representative prior to operations over private

or controlled-access property.
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9. Prior to each flight the PIC shall do a pre-flight inspection of the UAS to ensure it 

is in a condition for safe flight. If the UAS inspection reveals a condition that 

affects safe operation of the UAS, the UAS will be grounded until the necessary 

maintenance has been performed and the UAS is found in a condition for safe 

flight. The Ground Control Station will be included in the pre-flight inspection. All 

maintenance and alterations will be properly documented in the UAS records. 

10. The UAS will not be operated higher than 200 feet within a quarter mile of an 

airport or any flight path of flight operations; or 5 nautical miles (NM) from an 

airport having an operational control tower; or 3 NM from an airport with a 

published instrument flight procedure, but not an operational tower, or 2 NM from 

an airport without a published instrument flight procedure or an operational tower, 

or 2 NM from a heliport with a published instrument flight procedure. In addition, 

the DJI Pilot app displays warning messages and UAS altitude restrictions when 

the UAS enters within 320 feet of No-Fly Zones. Furthermore the UAS firmware 

will not allow the UAS motors to activate in No-Fly Zones (Phantom 3 

Professional User Manual v1.0 pages 41, 42, 43). These features coupled with 

the operator’s airspace knowledge and situational awareness will thoroughly 

ensure the UAS does not interfere with airport and airspace manned aircraft 

operations.

11. Next Wave Aerial Imagery’s PIC will be the Petitioner, Jonathan Mackin, an 

experienced Naval Aviator with over 4000 hours of helicopter flight time and that 

holds at least a current Third Class Medical Certificate.

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, 

and therefore no exemption is needed. See Grant of Exemption Docket No. FAA-2014-

0532 at 13-14, 22. If, however, The FAA determines that there are some characteristics 

of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is 

requested.

The DJI Phantom 3 Professional which Next Wave Aerial Imagery intends to use, meets 

this equivalent level of safety taking into account its size, weight, speed, and operational 

capability. As set forth in the description of proposed operations in Section II, the UAS 

weighs less than 20 pounds, will be flown at less than 25 knots and outside controlled 

airspace. Additionally, the UAS carries neither pilots nor passengers, no combustible 
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materials or flammable liquid fuels, and operates exclusively within the parameters 

stated in the manufacturer’s manual.

Operations conducted under this exemption will be closely controlled and monitored by 

the PIC and will be conducted in compliance with local public safety requirements to 

provide security for the area of operation. Next Wave Aerial Imagery will also provide 

the FAA with advance notice of operations via NOTAMs as necessary.

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and VO, who are not onboard 

the UAS. See Grant of Exemption, Docket FAA-2014-0352 at 13. In addition, no 

sense-and-avoid technology is necessary for the UAS because it will be operated at all 

times in VFR conditions and within VLOS of the PIC and VO.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent that Next Wave Aerial 

Imagery’s UAS would otherwise require certification under Part 27, the Petitioner seeks 

an exemption from Part 27’s airworthiness standards for the same reasons identified in 

the request for exemption from 14 C.F.R. Part 21, Subpart H, supra.

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

Next Wave Aerial Imagery seeks an exemption from 14 C.F.R. §91.7(a), which requires 

that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no 

exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 

21 are waived or found inapplicable. Therefore, no airworthiness certificate would be 

issued for Next Wave Aerial Imagery’s UAS. See Grant of Exemption, Docket No. 

FAA-2014-0352 at 13-14, 22. Accordingly, the Petitioner requests that the requirements 

for § 91.7(a) be treated in accordance with Section V (A), supra.

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

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Title 

14 C.F.R. § 91(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft. 

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S. registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter unless there is available in the aircraft a current approved Airplane or 
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Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combinations thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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 § 91.175 is displayed at the cabin or cockpit entrance so that it 

is legible to passengers or crew.

The small size and configuration of the UAS render it without a cabin or cockpit, making 

it impossible to store airworthiness documents and other aircraft manuals on board.

In an FAA office of Chief Counsel’s Opinion dated August 8, 2014, and prepared by 

Dean E. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. §

91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to 

the UAS flight manual, registration certificate, and other required documents from the 

ground control station from which the PIC is operating the aircraft. (1)

(1) Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, 

Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug 8, 

2014); see also Docket No. FAA-2014-0352 at 16-18.

As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure 

the pilot has access to these key documents during flight. Therefore, an equivalent 

level of safety will be achieved by ensuring that the pilot has access to the documents at 

the ground control station from which he or she is piloting the UAS.

E. 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Next Wave Aerial Imagery seeks and exemption from the aircraft marking and 

identification requirements contained in 14 C.F.R. § 91.9(c), 45.23(b) and 45.27(a).

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, states: No person may operate a U.S. registered civil 

aircraft unless that aircraft is identified in accordance with Part of this 

chapter.
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 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 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 “provisional,” as 

applicable.

 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft 

must display on that rotorcraft horizontally on both surfaces of the cabin, 

fuselage, boom or tail, the marks required by § 45.23.

In a previous Grant Exemption, the FAA determined that exemption from these 

requirements was warranted that the aircraft “have identification (N-Number) markings 

in accordance with 14 C.F.R. Part 45, Subpart C if the markings are as large as 

practicable.” FA Docket No. FAA=2014-0352.

Next Wave Aerial Imagery’s UAS will bear N-Number markings that are as large as 

practicable in accordance with 14 C.F.R. Part 45, Subpart C(2)

(2) See e.g., FAA Docket No, FAA-2014-0352, at 14.

F. 14 C.F.R. § 91.103: Preflight Action

Next Wave Aerial Imagery seeks exemption from 14 C.F.R. § 91.103, which requires a 

PIC to become familiar with specific information before each flight, including information 

contained in the FAA approved Flight Manual on board the aircraft. While the PIC will 

be familiar with all information necessary to safely conduct the flight, an exemption is 

requested to the extent that an FAA approved Flight Manual is required.

An equivalent level of safety will be provided by Next Wave Aerial Imagery’s compliance 

with the Manufacturer’s Manuals. The PIC will also perform a series of checklists 

designed to identify any defects or inoperable components. These checklists will be 

inclusive of Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also 

review weather, flight requirements, battery charge, landing and takeoff distance, and 

contingency landing areas before initiation of flight. The Manufacturer’s Manual, and 

any other relevant manufacturer publications will be kept at the GCS and will be 

accessible to the PIC at all times while operating the UAS.

G. 14 C.F.R. § 91.109(a): Flight Instruction
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Next Wave Aerial Imagery seeks an exemption from 14 C.F.R. § 91.109(a), which 

provides in pertinent part that “no person may operate a civil aircraft (except manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. “UASs and remotely piloted aircraft, by their design, do not 

have functional dual controls. Instead, flight control is accomplished through the use of 

a device that communicates with the aircraft via radio communications. Accordingly, an 

exemption will be required for the flight instruction requirements of 14 C.F.R. § 

91.109(a).

In regards to the size and speed of the DJI Inspire and DJI Phantom 3 that Next Wave 

Aerial Imagery intends to use, an equivalent level of safe training can be performed 

without dual controls because no pilot or passengers are aboard the UAS. All Flight 

training will be conducted with all persons a safe distance away in the event that the 

UAS experiences any difficulties during flight instruction.

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

Next Wave Aerial Imagery requests an exemption from the minimum safe altitude 

requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe 

altitudes under which aircraft may not operate, including 500 feet above the surface and 

away from any person, vessel, vehicle, or structure in non-congested areas. See 14 

C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than 

those minimum altitudes when it can be operated “without hazard to persons or property 

on the surface,” provided that, “each person operating the helicopter complies with any 

routes of altitudes specifically prescribed for helicopters by the FAA.”

An exemption is required because in order to perform the intended agricultural/real 

estate aerial surveys and precision ground mapping/survey operations, the UAS will 

need to be operated lower than 400 feet AGL. Further, due to the nature of the 

proposed operations, the PIC and VO may at times be less than 500 feet away from the 

UAS.

Compared to flight operations with rotorcraft weighing far more that the maximum 

weights proposed herein, and given the lack of combustible fuel with the UAS operated 

by Next Wave Aerial Imagery, any risk associated with these operations is significantly

less than those that presently exist with conventional aircraft. An equivalent level of 

safety will be achieved given the size, weight, and speed of the UAS, as well the 

controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to 400 feet AGL or below. The UAS will be 

operated over private or controlled access property with permission from the land 

owner/controller or authorized representative and all flights will be operated at a lateral 

distance of at least 500 feet from any non-participating persons, unless that person is in 

a position where he or she is shielded from the UAS and any possible debris resulting
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from UAS failure. Further, UAS operations will occur at least 500 feet away from 

vehicles or structures unless the property owner of controller has granted permission 

and the PIC has made a thorough safety assessment of the risk of operating closer to 

those objects and operations near the PIC or Observer will not present an undue hazard 

per § 91.119(a). As a whole, these requirements ensure a level of safety better than or 

equal to the rules from which exemption is sought.

I. 14 C.F.R. § 91.121: Altimeter Settings

Next Wave Aerial Imagery seeks an exemption from 14 C.F.R. § 91.121, which requires 

a person operating an aircraft to maintain cruising altitude or flight level by reference to 

an altimeter that is set to the elevation of the departure airport or barometric pressure. 

An exemption is required to the extent that the UAS does not have barometric altimeter, 

but rather a GPS altitude read out.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 

91.121 can be achieved in circumstances where: (1) the UAS will be operated at 400 

fee AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed

in real time to the operator at a ground-based-on-screen display and, (4) where prior to 

each flight, a zero altitude initiation point is established for the PIC to confirm accuracy 

of the onboard GPS. See Grant of Exemption, Docket No. FAA-2014-0352 at 21.

The UAS that Next Wave Aerial Imagery uses for performing the proposed operations 

will meet all these operation characteristics. Moreover, the PIC will calibrate the 

aircraft’s GPS compass prior to each flight operation. Similar to the Grant of Exemption

Docket No. FAA-2014-0352 at 21, the UAS Next Wave Aerial Imagery intends to use 

ensures that an equivalent level of safety will be achieved, and a grant of exemption to 

the requirements of § 191.121 is therefore appropriate. See (Phantom 3 Professional 

User Manual v1.0 pages 44, 45 “Calibrating the Compass”) (Inspire 1 User Manual V1.0 

49, 50).

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Next Wave Aerial Imagery requests an exemption from 14 C.F.R. § 91.151(a) fuel 

requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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.
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The technological limitation on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 20% battery 

power remaining, whichever occurs first. See Grant of Exemption Docket No. FAA2014-0507 at 15. Next Wave Aerial Imagery intends to conform to this limitations, and 

therefore provides and equivalent level of safety. In addition, the DJI Phantom 3 

Professional and DJI Inspiron 1 utilize many failsafe features to ensure adequate 

energy reserves for safe return including: Low Battery Warning, Critical Battery Warning 

and Low Battery Return to Home (RTH) features. (Phantom 3 Professional User 

Manual V1.0 pages 12, 13), (Inspire 1 User Manual V1.0 pages 13, 14)

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 97.417(a) and (b): 

Maintenance Inspections

Next Wave Aerial Imagery seeks an exemption from the maintenance inspection 

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) 

and (b). These regulations specify maintenance and inspection standards in reference 

to 14. C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or 

operator of an aircraft shall have the aircraft inspected as prescribed in Subpart E of this 

part and shall between required inspections have discrepancies repaired as prescribed

in part 43 of these sections only apply to aircraft with an airworthiness certificate, which 

the UAS to be operated under this gran of exemption will not have.

An equivalent level of safety will be achieved due to maintenance and inspections 

performed in accordance with the Manufacture’s Manuals and any required 

manufacturer Safety or Service Bulletin. Furthermore, the PIC will conduct a pre-flight 

inspection of the UAS and all associated equipment to account for discrepancies and /or 

inoperable components. Maintenance will be performed and verified to address any 

conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until all flight critical components of the UAS have been found to be 

airworthy and in a condition safe for operation. A functional test flight will be conducted 

following the replacement of any flight-critical components. The PIC who conducts the 

functional test flight will make an entry in the UAS aircraft records of flight.

VI. Public Safety, Interest, and Benefit

Next Wave Aerial Imagery’s Petition for Exemption will be in the interest of public safety 

and contribute to the innovations and implementation of new safety protocols for UAS 

operators. Congress has established a national policy that favors early integration of 

UAS into the NAS controlled, safe working environments such as those proposed in this 
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Petition. Granting this Petition for Exemption helps fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act – the FAA Administrator’s assessment of 

whether certain UAS many operate safely in the NAS before completion of the required 

rulemaking. The granting of this petition will also help lead the way for a better 

controlled environment in the commercial use of UASs.

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public’s exposure to danger and emissions associated 

with traditional agricultural and real estate aerial survey and inspection methods. 

Specifically speaking, full size fixed-wing aircraft and rotorcraft are traditionally used for 

this these types of surveys. Next Wave Aerial Imagery intends to use a battery 

powered light weight quad copter which creates no emissions. Moreover, in the unlikely 

event that the Petitioner has a UAS crash, there is no fuel to ignite and explode. Any 

incident involving the petitioner’s lightweight UAS will present significantly less danger 

to the pilot and other individuals on the ground that would likely be the result of the use 

of a full size helicopter or fixed-wing aircraft.

The land mapping, aerial survey, and high resolution imagery resulting from Next Wave 

Aerial Imagery’s UAS will provide landowners and civil authorities with valuable 

information from precision ground mapping of property lines and terrain features. The 

ability to accurately map land that would normally take days or even weeks with the use 

of a conventional land survey team can be completed in hours. Next Wave Aerial 

Imagery’s imaging capabilities will also provide builder and community geographical 

awareness in real estate development. The uses of a UAS will provide a more costeffective method of imaging that isn’t affordable to small private business, allowing them 

to be more competitive in the marketplace. A small UAS without people on board will 

also allow the operator to obtain images that aren’t currently able to be viewed without 

extreme measures via helicopter or fixed-winged aircraft. The small size and extreme 

maneuverability of the UAS will allow the PIC to avoid hazards quickly and safely 

without the risks of catastrophic crash associated with full scale aircraft.

VII. Privacy

All Next Wave Aerial Imagery’s UAS Operations will be conducted in accordance with 

applicable federal, state, or local laws regarding privacy. Next Wave Aerial Imagery will 

not conduct flight operations over property that it does not own or control without the 

prior consent and knowledge of the property owner.
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VIII. Links to UAS Manufacturer’s Manual

DJI Phantom 3 Professional User’s Manual v1.0:

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_

v1.0_en.pdf

DJI Inspire 1 User’s Manual v1.0:

http://download.djiinnovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

IX. Summary the FAA may publish in Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in 

the FEDERAL REGISTER, should it be determined that publication is needed:

Next Wave Aerial Imagery seeks an exemption from the following rules in Title 14 of 

the Code of Federal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 

91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) 

& (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and 

property owners from the substantial hazards associated with performing equivalent 

geographic aerial surveys, detailed mapping and inspections with convention fixedwing aircraft, rotorcraft, or other methods.

X. Conclusion

Next Wave Aerial Imagery’s Petition for Exemption satisfies the criteria 

articulated in Section 333 of the Reform Act of 2012 with all requirements 

including: weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within VLOS and national security. The proposed 

UAS operations will benefit the public as a whole by improving safety and 

reducing risk by alleviating human exposure and having a PIC with a current 

Commercial Pilot Airmen Certificate rated in Airplane Single Engine Land, 

Rotorcraft Helicopter as well as Instrument Airplane and Helicopter. Next Wave 

Aerial Imagery is also actively involved in the UAS business community and its 

relationship with the FAA, and requirements and regulations as they set forth. In 

consideration of the foregoing, this Petition for Exemption provides the FAA with 
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more than adequate justification for granting the requested exemptions allowing 

Next Wave Aerial Imagery to use UASs for aerial imagery to enhance individual, 

civil, and company awareness in relation to agricultural, geological and real 

estate survey and inspection.

I would like to thank you for your consideration of the requested exemption. 

Should you have any questions, or if you need any additional information to 

support the requested exemptions, please feel free to contact me at:

The Rislee Tree Co., LLC DBA Next Wave Aerial Imagery

c/o Jonathan Mackin

136 Central Avenue

First Floor Front 

Ocean City, New Jersey, 08226

Tel: 609-464-0660

Email: jonathan.mackin1@gmail.com