November 10, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Rising Lens, LLC for Exemption Pursuant to Section 333 of the

FAA Reform Act

Petitioner’s Name and Address:

Rising Lens, LLC 

Owners: Dustin Brewer & Dan Segal

2118 Atkins Ave

Lakewood, OH 44107

937-750-3537

dustin@risinglens.com

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Rising Lens, LLC, operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would 

allow Rising Lens, LLC to conduct commercial operations of sUASs meeting or exceeding all of 

the operational and safety requirements Congress has set forth in Section 333. 

Rising Lens, LLC is a media/technology company owned and operated by Dustin Brewer and 

Dan Segal. The purpose of Rising Lens, LLC is to develop new commerce opportunities in the 

UAS industry in northeastern Ohio.

Rising Lens, LLC plans to use sUASs to offer the following services:

- Real estate photography and presentation

- Aerial filmmaking and photography

- Construction site inspections

- Aerial surveying of local community resources such as land and water

- Event photography and videography

- Agriculture and livestock monitoring

- 3D mapping of commercial property
2

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft 

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil 

Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“NAS”). Section 

333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the (comprehensive) plan and 

rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 

of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a 

mechanism for “expedited operation authorization” if several factors are met. Petitioner 

meets all requirements to permit FAA approval of commercial UAS operations.

The name and address of the applicant are:

Name: Rising Lens, LLC 

Owners: Dustin Brewer & Dan Segal

Address: 2118 Atkins Ave

 Lakewood, OH 44107

Phone: 937-750-3537

Email: dustin@risinglens.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs can be seen as superior to helicopters and planes due to the lesser cost of equipment, 

the reduction of operating expenses, reduced noise levels, and reduced emissions. In addition 

to providing cost savings and having little to no impact on the environment, sUASs provide 

enhanced safety. These factors are beneficial for, and in the best interest of, the public. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay.

Petitioner is requesting an exemption to enable Rising Lens, LLC to operate a DJI Inspire 1 

sUAS that is upgraded to latest version firmware, equipped with a 3 axis Zenmuse camera 

gimbal, which uses a High-Def video camera that can capture up to 4K (4096x2160p) video 

and 12M pixel photos. This sUAS has a built-in capability to limit 1) the height it flies above 

the ground and 2) the radius of the distance it flies from the operator. The DJI Inspire 1 also 

has the failsafe function of the autopilot system, which means, when the communication 

between the Main Controller and the transmitter is disconnected, the outputs of all command 
3

sticks from controller will go to the center position. If the GPS signal is good enough, the

system will automatically trigger Return to Home and will land safely. Please refer to 

Attachments 1-3, the DJI Inspire 1 Instruction Manual, for the performance limitations and 

flight operations.

Aircraft weight is 2935 grams or 6.47 pounds with battery, which is the total gross weight.

A pre-flight inspection will be performed by the PIC in accordance with the factory instruction 

manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make 

sure that the compass, gyro and acceleration values are within specs, positive GPS locks are 

secure, battery health in each individual LiPo cells are balanced, and radio signals are locked 

in.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and 

only manufacturer's authorized replacement parts will be used.

FCC Information

The DJI Inspire 1 transmitter used for controlling the sUAS complies with part 15 of the FCC 

rules. Operation is subject to the following two conditions: (1) This device may not cause 

harmful interference, and (2) this device must accept any interference received, including 

interference that may cause undesired operation.

The DJI Inspire1 radio transmitter used for controlling the sUAS is wireless technology which 

has been tested and found to be compliant with the applicable regulations governing a radio 

transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Inspire 1 transmitter, the PIC will maintain a separation distance of at 

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the 

antenna to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain at least a Light Sport Pilot Certificate and a current State issued driver's

license, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type 

of UAS utilized in operations. 

The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled 

Model Aircraft, of which, 10 hours will be flying sUASs. 

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties 

include all preflight preparation and inspection, in flight operation, post flight requirements, 

and all procedures including but not limited to: 

● Safe in flight operations 

● Risk evaluation 

● Current weather conditions for safe flight
4

The Observer must have the visual acuity to observe the sUAS and be able to communicate 

clearly with the PIC. The Observers duties are:

● Warning the PIC of any impending obstacles in the flight path of the sUAS.

● Warning the PIC of any deviations in the planned flight path of the sUAS.

● Warning the PIC should any unauthorized personnel appear in the area of the planned 

flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel 

the flight cannot be conducted safely.

General Operating Standards

• Rising Lens, LLC will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from populated areas. Such 

operations will insure that the sUAS will "not create a hazard to users of the national 

airspace system or the public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control 

tower will be called to gain permission to operate the sUAS. The PIC will give the 

position, altitude and the times the sUAV will be operated. The sUAS will not be 

operated at an altitude of over 200 feet AGL. Weather minimums will be 3 miles 

visibility and a 1000 foot ceiling. 

• Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators 

will be notified and the PIC will give the right of way to avoid flying in the proximity of 

full-scale aircraft. At no time will the sUAS be operated within the final approach course 

and the takeoff course of any runway. The sUAV will not be operated at an altitude of 

over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 18 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to the 18 

minute limit. 

• The sUAV will be programmed so that it will not be operated at an altitude of no more 

than 200 feet AGL, and not more than 200 feet above an elevated platform from which 

filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbals).

• The sUAS will operate at speeds of no more than 25 knots, can hover, and can 

simultaneously move vertically and horizontally.
5

• Given the small size of the sUAV and the restricted sterile environment within which 

they will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger 

aircraft running on combustible fuel. The sUAS operates at lower altitudes with no people on 

board and will thereby reduce current risk levels, enhance safety and diminish the likelihood 

of death or serious bodily injury. With a small payload and maximum flight time of only 20 

minutes, this offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground 

based imagery for displaying the characteristics of large, complex properties with several 

buildings and large trees. The benefits of reduced cost and improved quality of presentation 

from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of 

real property, farmers and ranchers, and local city officials to monitor our local water supply. 

Additionally, we request that we be allowed to use our system to benefit first responders 

nearby who might require assistance, including fire fighters, police, sheriff, etc., all while 

remaining subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an 

airspeed of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the 

property owner;

(e) All required permits will be obtained from state and local government prior to operation;

(f) Rising Lens, LLC will not be operated over densely populated areas;

(g) Rising Lens, LLC will not be operating over any open-air assembly of people;

(h) Rising Lens, LLC will not be operating over heavily trafficked roads;

(i) Rising Lens, LLC will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Rising Lens, LLC requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, 
6

we request an experimental certificate be issued for the DJI Inspire1 under either or both of 

the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance for 

issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of the 

regulations. Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well. The aircraft will not 

carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UAS's light weight, being constructed primarily of carbon 

fiber and plastic, we propose that the UAS will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate 

in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to 

achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) 

and others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. Additionally, we feel that the permanent placard discussed in the previous 

paragraph will provide the aircraft's registration information at the ground station. Finally, 

we will display at the ground station a high contrast flag or banner that contains the words 

"Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will 

operate within 0.263 NM of the ground station, the banner should be visible to anyone that 

observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot 

in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot 

to act as pilot in command 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. Our proposed operations require that 

the PIC must hold at least a Private Pilot Certificate with a Class III Medical issued by the FAA 

and since the aircraft cannot carry passengers or property, we feel we meet the intent of 

61.113 Subparagraph (b) even though the intent of this application is to conduct a business.
7

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved 

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure 

that flight manual information is available to the aircrew while operating the aircraft. We 

request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight, and ready for presentation for any 

governing official upon request.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls. Although the DJI Inspire 1 

is capable of duel/linked controls, Rising Lens, LLC will be operating with a single remote 

controller.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical 

mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures 

it would be necessary to operate closer than 500 feet to the items listed. Operations will only 

be flown over property or persons where permission has been obtained and careful preplanned flight path has been performed. The aircraft will be operated at a low altitude 

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

property on the surface. Therefore we maintain that due to the small size of the UAS, the 

hazard to persons, vehicles and structures is minimal compared to manned aircraft, which 

should be considered in granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 200 

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, 

providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. The sUAV is battery operated and the 

maximum duration of flight from a single battery charge is 18 minutes with a 20% reserve. 

Since the aircraft will never fly more than 0.263 NM from the point of intended landing, a full 
8

battery charge at launch will ensure that we meet the reserve energy requirement of this 

paragraph. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross 

weight of 6.47 pounds, the sUAS is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of 

safety and meet the intent of 91.203, we propose that documents deemed appropriate for 

this aircraft by the FAA will be with the crew at the ground control station and available for 

inspection upon request. In order to identify the aircraft, we propose that the information 

found on airworthiness and registration certificates be permanently affixed to the aircraft via 

placard containing the following information plus the word "EXPERIMENTAL" to satisfy the 

requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft 

in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized 

under 43.7" after maintenance and inspection. It is our intention that the PIC perform 

maintenance and inspection of the aircraft and "be authorized to approve the aircraft for 

return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to 

every flight and in addition conduct detailed inspections after every two hours of flight. 

Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board 

computer. All other maintenance will be performed by the manufacturer or their designated 

repair facility. The PIC will document work performed in accordance with 91.417. We feel 

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an 

equivalent level of safety.

Safety and Benefits of the UAS

Rising Lens, LLC will be using the UAS in a variety of applications that generally require 

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer 

more efficient and safer benefits over the use of full-sized manned aircraft for aerial 

photography, advanced agriculture monitoring, film and still photography, real estate 

marketing, (see attachment 4), and water supply monitoring. Due to drought conditions in the 

area over the past few years, this would greatly supply safer, faster, and more efficient 

information to our local officials who need this information about the lake levels and our 

water supply. 

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small 

UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and 

crew.

By granting Rising Lens, LLC‘s requested exemptions, the FAA will help drive development of 

safe and successful commercial UAS operations and will advance the public knowledge base 

for such operations. Rising Lens, LLC is committed to promoting the UAS research efforts of 
9

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial 

UAS operations and serving as a resource for future UAS research operations. Thus, the FAA 

has good cause to grant this Petition.

Conclusion

As pointed out in this application, the DJI Inspire1 which our company would use, under 

authorization by the US DOT-FAA, is a small, light-weight device operated within the line of 

sight of the Pilot-in-Command (PIC), less than 200 feet above the ground and outside 5 miles 

from any airport, heliport, seaplane base, spaceport, or other location with aviation 

activities, unless the air traffic control authorities (ATC) have been notified and have 

authorized each flight within a radius of this distance.

The DJI Inspire1 has been proven capable for controlled flight. It is a UAS offered for general 

sale on the market around the world and have often been used as Model Aircraft in the USA. 

We are certain that the studies conducted until now by the FAA, about Section 332, Public 

Law 112-95, 2014, have already provided you with the assurances on the airworthiness of 

sUAS such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Rising 

Lens, LLC should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating parameters deemed necessary and appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it is 

possible to pursue the authorization process so that some SUAs may be used for legitimate 

commercial activities and under reasonably safe conditions.

Signed

Dustin Brewer

Rising Lens, LLC