U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, S.E.

Washington, DC 20590

Petition for Exemption Under 14 CFR § 11.81

to Allow Commercial Use of Unmanned Aircraft 

Systems

December 8, 2014

Petitioner:

Nex Gen Aerial Imaging

Charles R. Lyle

12 Countryside Lane, Moultonboro NH, 03254

Phone: (603)651-9128

Email: charlielyle@yahoo.com

Greetings,
This application is substantially based on the FAA's 

findings in Exemption No. 11062 granted to Astraeus

Aerial on September 25, 2014, and in reliance on the 

analysis provided therein.

1. Sections from which exemptions are sought: 

Application is hereby made for exemption from:

a. FAA Modernization and Reform Act of 2012, PL 

112-95 FEB. 14, 2012, Section 333

b. 14 CFR Part 21, subpart H

c. 14 CFR Part 61.113(a) and (b)

d. 14 CFT Part 91:

2. Relief sought:

i. 91.103(b)(2)

ii. 91.105

iii. 91.109

iv. 91.119
v. 91.121

vi. 91.151

vii. 91.405

viii. 91.407

ix. 91.409

x. 91.417

 

2.Releif sought

Nex Gen Aerial Imaging(NGAI)wishes to operate 

Unmanned Aircraft Systems for commercial purposes 

to

include (but not limited to) videography, photography, 

inspections and analyses. This

relief is sought because commercial use of UAS's is 

currently prohibited by law unless

performed under an exemption.
b. This exemption will cover use of the following 

airframes, all of which will weigh less than

55 pounds including payload and energy sources:

1. DJI Phantom and Inspire models

a.DJI Phantom 3

b.DJI Inspire 1 

Other models to be added by future amendment to 

this exemption. 

3. Public benefit:

a. Use of UAS technology to obtain imagery, 

information and data currently obtained by use

of manned flight or manual methods:

i. Reduces statistical risk to human life due to manned 

aircraft accidents (e.g.,

powerline inspections) and due to other dangerous 
activities that can be avoided

(e.g., scaffolding/rigging failures during stack or 

bridge inspections).

ii. Reduces the cost of obtaining such information, 

which benefits consumers and

the economy.

iii. Reduces environmental impact by eliminating 

sources of hydrocarbon emissions

from manned aircraft.

4. Safety not adversely affected:

a. Aircraft will be registered and marked in 

accordance with Section 44711 and Part 47 and

Part 45, Subpart C.

b. Aircraft will comply with maintenance and 

inspection requirements of the manufacturer.

All repair and maintenance work will be conducted or 
approved by qualified personnel

such as those authorized by DJI Los Angeles (or eq

after such work. Records of all maintenance and 

repair work will be kept in a

maintenance log for each aircraft.

c. All flight operations will be conducted by two 

individuals who will maintain verbal

communication capability with each other at all times 

during the flight, and who will

remain stationary on the ground during the flight 

operations:

i. A Pilot In Command(PIC) who possess the following 

credentials:

1. An Airman Certificate issued under 14 CFR 61 

(private pilot license)

screened by the TSA
a. NGIA may change PIC credentials when and if the 

FAA makes a change to (PIC)

credentials under current proposed framework and 

regulations changes dated February,15,2015.

2. A Third Class medical certificate issued under 14 

CFR 67.

3. A Bi-annual flight review under 14 CFR 61.56

4. A completion of a course of instruction in safe UAS 

flying conducted by

Unmanned Experts Inc. (or equivalent instruction).

5. At least 200 cycles and 25 hours of flight experience 

in a UAS rotorcraft

(or UAS fixed-wing in the case of fixed-wing flight 

operations under this

exemption). Such cycles and hours may be gained 

during flights under
this exemption if a safe distance is maintained from 

persons in

accordance with 14 CFR 91.119.

6. At least 5 hours of flight experience and 3 takeoffs 

and landings in make

and model being flown in the prior 90 days. Such 

cycles and hours may

be gained during flights under this exemption if a safe 

distance is

maintained from persons in accordance with 14 CFR 

91.119.

ii. A Visual Observer.

d. All flight operations will be conducted in 

accordance with valid Certificates of

Authorization

e. All flight operations will comply with the following:
i. The manufacturers' Aircraft Flight Manuals and 

operation guidelines

ii. NGIA flight operations policies including lost 

communication and other

emergency and safety procedures.

iii. Conducted in VMC conditions during daylight 

hours

iv. PIC and VO will maintain VLOS at all times.

v. Pre-flight inspections (including ground control 

station, if any) and safety risk

assessments will be conducted prior to each flight

vi. Flight altitudes will remain below 400 feet above 

ground level

vii. Flight ground speeds will not exceed 50 knots.

viii. Not intrude into Class B, C or D airspace, or 

published approach, SID or STAR, or
take place within 5 miles of an airport

ix. Not be made near persons as required in 14 CFR 

91.119 and not over persons on

the ground without their prior permission

x. Each flight will be logged in both the PIC's logbook 

and the aircraft logbook

xi. Not exceed 75% of the battery or fuel capacity of 

the aircraft, or 30 minutes,

whichever occurs first.

xii. Any incidents will be reported within 24 hours of 

occurrence.

xiii. NGIA will maintain liability insurance of at least 

$1,000,000 issued by

USAA Insurance or equivalent insurer.

xiv. Any applicable local FSDO requirements.

xv. All other applicable regulations concerned with the 
operation of aircraft.

f. Aircraft will use 2.4 GHz for control of the aircraft, 

and 5.8 GHz for sending data.

Please advise us of any additional information or 

changes that are required.

Attached are user manuals for both UAS described in 

section

Charles Lyle-Owner

Nex Gen Aerial Imaging(NGIA)

603-651-9128

charlielyle@yahoo.com