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 SEEKI NG 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; 91.1 51(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 1 st , 2015 Jonathan Mackin The Rislee Tree Co., LLC DBA Next W ave Aerial Imagery, LLC 136 Central Avenue First Floor Front Ocean City, NJ 08226 Tel: (609)464
- 0660 Jonathan.mackin1@gmail.comThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

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### Table of **Contents**
**I. Description of Petitioner**  **II. Description of Proposed Operations**  **III. Relevant Statutor** **y Authority**  **IV. Next Wave A** **erial Imagery ’s Proposed UA** **S Operations meet the Requirements of Section 333 of the Reform A** **ct 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. Pu**  **b lic Safety** **, Interest, and Bene fit**  **VII. Privacy**  **VIII. Links to**  **UA S Manufacturer’s Manual**  **IX. Summary** 

**the FAA**

**may Publish in the Federal Register**  **X. Conclusion** The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

3 September 26, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Wa shington, DC 20590

**Re:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 1 4 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 W ave 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, Jonath an 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 W ave Aerial Image ry is a single proprietor company owned & operated by myself, Jonat han R. Mackin. I have been a Naval Aviator (# 25615) and held my Commercia l Pilot rating sin ce April 2000 (Cert # 141621028) . I am an experienced Coast Guard helicopter pilot well versed in search and rescu e, 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 Ae rial Imagery which will function under The Rislee Tree Co. , LLC to operate UAS ( DJ I Phantom 3 Professional and DJI Inspire 1 ) to enhance individual and company awareness in relation to agricultural, geological, and re al estate survey and inspection with aerial imaging. Traditionally, much of this type of imaging has been done with the use of fixed
-win g 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 naturalThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

4 environment, to include but not limited to, catastrophic mechanical failure, precautionary emergency landings, noise pollution, combustion related air pollution, and rotor wash da mage. The operation of a UAS will eliminate risks associated with these traditional meth ods of agricultural, geographical and real estate land survey and inspection. Next W ave 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 W ave Ae rial 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 W ave Aerial Imagery c/o Jonathan Mackin 136 Central Avenue First Floor Front Tel: 609
-464
- 0660 Email: jonathan.mackin1@gmail.com 

### II. **De scription of Propose Operations**  Next W ave Aerial Imagery intends to use a small UAS fo r the purpose of aerial survey and inspection of various public and privately owned land for the purpose of plannin g 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 resolut ion and flexibility in imaging in this setting. Low flying U AS s can deliver information in support of aerial land/water survey in a much safer, efficient and cost effective manner than conventional method s which use heavier, fuel laden fixed
-win ged or full scale rotorcraft. Next W ave 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 layo uts in specified areas of request. The use of a UAS willThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

5 provide close
- up viewsof real estate listings unattainable by traditional mean s . The UAS is battery operated and creates no emissions; it also contains no combustible fuel source rendering it safe r than conventional aerial photography. Next W ave 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 A** **uthority** 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 c lose proximity to airports and populated areas  Operation of the UAS within the visual line of sight of the operator 

### IV. **Next Wave A erial Imagery** **’s Proposed UA S Operations meet the**  **Requirements of Section 333 of the Reform A ct**  The operation of a small UAS by Next W ave 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. Ap**  **proval is warranted based on N ext Wave A** **erial Imager y’**  **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. T his information is transmitted to the pilot via telemetric data feed (DJI Pilot App).The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

6 5. All flights will be fl own with enough power to fly at normal cruisin g speed to the intended landing point and land the UAS with 20% battery power remaining. 6. T he UAS will have a system independent function in the event communications or GPS signal is lost. T he 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 frequen cies 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. Ap**  **proval is warra nted based on the UA** **S’s manufacturer ’s operational**  **manua l and Next**  **Wave Ae**  **rial 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 d uring 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 W ave Aerial Imagery will obtain an Air Traffic Organization (ATO) issued Certificate of W aiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will require Next W ave Aerial Imagery to request a Notice to Airmen (NOTAM) with the appropriate ATC facility 48 to 72 hours prior to UAS operation. 8. Next W ave Aerial Imagery will obtain all required permissions from the landowner/controller or authorized representative prior to operations over private or controlled
- access property.The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

7 9. Prior to each flight the PIC shall do a pre
-flight inspection of the U AS 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 publis hed 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 all ow 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 tho roughly ensure the UAS does not interfere with airport and airspace manned aircraft operations. 11. Next W ave Aerial Imagery’s PIC will be the Petitioner, Jonathan Mackin, an experienced Naval Aviator with over 4000 hours of helicopter flight time and that h olds at least a current Third Clas s Medical Certificate. 

### V. **Regulations From Whic h Exemption is Requested**  **A. 14 C.F.R. Part 21, Subpart H**  **– Ai**  **rw orthiness 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 Do cket 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 W ave 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 poun ds , will be flown at less than 25 knots and outside controlled airspace. Additionally, the UAS carries neither pilots nor passengers, no combustibleThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

8 materials or flammable liquid fuels, and operates exclusively within the parameters stated in the manufact urer’s manual. Operations conducted under this exemption will be closely controll ed 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 W ave 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 co mmunicate 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 A** **irworthiness 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 N ext W ave Aerial Imagery’s UAS would otherwise require certification un der 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**  **Ai rcraft A** **irw orthiness**  Next W ave 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 W ave Aerial Imagery’s UAS. See Grant of Exemption, Docket No. FAA
-2014
- 0352 at 13
- 14, 22. Accordingly, the Petitioner requests that the requ irements for § 91.7(a) be treated in accordance with Section V (A), supra. **D. 14 C.F.R.**  **§ 91.9(b)(2): Civil Ai**  **rcraft Flight Manual in the A ircraft and**  **14 C.F.R. § 91.203(a) and (b): Carry**  **ing Civil Ai**  **rcraft 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 orThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

9 Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinat ions 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 re quired documents from the ground control station from which th e 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): A** **ircraft Marking and Identification Requirements**  Next W ave 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: N o person may operate a U.S. registered civil aircraft unless that aircraft is identified in accordance with Part of this chapter.The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

10  14 C.F.R. § 45.23(b), Markings of the Aircraft, states: Wh en 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 requ ired 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 W ave 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 A ction**  Next W ave 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. W hile 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 W ave Aerial Imagery’s compliance with the Manufacturer’s Manuals. The PIC will also perform a seri es of checklists designed to identify any defects or inoperable components. These che cklists 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**The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

11 Next W ave 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 inst ruction 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 ai rcraft 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 W ave Aerial Imagery intends to u se, 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 difficu lties during flight instruction. **H. 14 C.F.R.**  **§ 91.119: Minimum Safe A ltitudes**  Next W ave 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 wh ich 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 requi red because in order to perform the intended agricultural/real estate aerial surveys a nd 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 a nd 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 W ave Aerial Imagery, any risk associa ted 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 o r authorized representative and all flights will be operated at a lateral distance of at least 500 feet from any non
- participating persons, unle ss that person is in a position where he or she is shielded from the UAS and any possible debris resultingThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

12 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: A ltimeter Settings**  Next W ave 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 th e 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 pri or 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 W ave 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 W ave 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.The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

13 The technological limitation on UAS battery power means that no meaningful flight o perations can be conducted while still maintaining a 30 minute battery reserve. A n 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 tha t 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. FAA
2014
- 0507 at 15. N ext WaveAerial Imagery intends to conform to this limitations, and therefore provides and equivalent level of safety. I n addition, the DJI Phantom 3 Professional and DJI Inspiron 1 utili ze many failsafe features to ensure adequate energy reserves for safe return including: Low Battery W arning, Critical Battery W arning and Low Battery Return to Home (RTH) features. ( Phantom 3 Professional User Manual V 1.0 pages 12, 13 ), (Inspi re 1 User Manual V1.0 pages 13, 14 ) **K. 14**  **C.F.R. §**  **91.4 05(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). T hese 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 presc ribed in S ubpart 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. F urthermore, the PIC will conduct a pre -flight inspection of the UAS and all associated equipment to account for discrepancies and /or inoperable componen ts. M aintenance 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 conditi on safe for operation. Afunctional test flight will be conducted following the replacement of any flight
- critical components. T he PIC who conducts the functional test flight will make an entry in the UAS aircraft records of flight. 

### VI. **Public Safety , Inte**  **rest, and Benefit** Next W ave 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 integra tion of UAS into the NAS controlled, safe working environments such as those proposed in thisThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

14 Petition. Granting this Pe tition for Exemption helps fulfi ll Congress’ goal in passing Section 333(a) through (c) of the Reform Act

– the FAA Administrator’s ass essment of whether certain UAS many operate safely in t he 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 spe aking, full size fixed
-win g aircraft and rotorcraft are traditionally used for this these types of surveys. Next W ave Aerial Imagery intends to use a battery powered light weight quad copter which creates no emissions. Moreover, in the unlikely event tha t 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 th e use of a full size helicopter or fixed
-wing aircraft. The land mapping, aerial survey , and high resolution imagery resulting from Next W ave Aerial Imagery’s UAS will provide landowners and civil authoritie s with valuable information from precision groun d 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 W ave Aerial Imagery’s imaging capabilities wi ll also provide builder and community geographical awareness in real estate development. The uses of a UAS will provide a more cost
effective method of imaging that isn’t afford able to small private business, allowing them to be more competitive in the ma rketplace. 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
-win ged aircraft. The small size and extreme maneuverability of the UAS w ill allow the PIC to avoid hazards quickly and safely without the risks of catastrophic crash associated with full scale aircraft. 

### VII. **Privacy** All Next W ave Aerial Imagery’s UAS Operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy. Next W ave 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.The Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

15 

### VIII. **Links to UA** **S Manufacturer’s Manual DJI**  **Phantom 3 Professional User’s Manual v1.0: http://dow**  **nload.dji**   ** innovations.com/downloads/phantom_3/en/Phantom_3_A****dv anced_User_Manual_**  **v1.0_en.pdf DJI Inspire 1 User’s Manual v1.0:**  **http://dow nload.dji**  **** **innovations.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 de termined that publication is needed: Next W ave 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 fixed
win g aircraft, rotorcraft, or other methods. 

### X. **Conclusion** Next W ave 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 withi n 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 E ngine Land, Rotorcraft Helicop ter as well as Instrument Airplane and Helicopter

. Next W ave 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 co nsideration of the foregoing, this Petition for Exemption provides the FAA withThe Rislee Tree Co ., LLC DBA Next Wave Aerial Imagery Section 333 Exemption Request

16 more than adequate justification for granting the requested exemptions allowing Next W ave Aerial Imagery to use UASs for aerial imagery to enhance individual, civil , and compan y 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 th e requested exemptions, please feel free to contact me at: The Rislee Tree Co., LLC DBA Next W ave 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