I submitted a waiver request for
Daylight operation 107.29) but was rejected. I used guidance mentioned on this thread.
Can someone who's gotten the waiver approved let me know what I am missing?
Waiver Request
Our Aerial imaging business would like to provide aerial photo/video at night capturing residential and commercial property and filming entertainment and sporting events.
Our team will maintain VLOS via two methods:
1) The sUAS will have installed Anti-colission LED (white/flashing) viewable to the Remote PIC and Visual Observer at all times
and
2) staffed Visual Observer within 200ft lateral and 150ft AGL of the sUAS and adjacent to the Remote PIC.
The sUAS takeoff and landing location will be illuminated and free/clear of any obstruction for a minimum 25ft radius. If location has potential for pedestrian traffic, safety cones will be used to isolate.
The flight path will be pre-planned and walked through with the CO and Remote PIC observing potential hazards and obstructions (within 200ft lateral and 150ft AGL).
The flight path will avoid crowds.
The Remote PIC will utilize a handheld remote control with fail safe / return to home feature (set above high of hazards up to 150ft) as well as indicators for position, altitude, attitude. The VO will also continuously observe and "call out" if new hazards become present during flight
To avoid posing a risk to persons on the ground at night time, the Remote PIC, Steve Waller, has reviewed Ch17 of the Pilot's handbook of Aeronautical knowledge, pages 17-22 through 17-29. The Remote PIC will discuss this with the VO in advance.
In addition, the VO will review the FAA Night Vision video, available at FAA TV: Vision in Aviation to ensure knowledge to recognize and overcome visual illusions caused by darkness and understand physiological conditions which may degrade night vision
FAA response
Thank you for submitting a 14 CFR Part 107 request for certificate of waiver through the automated FAA small unmanned aircraft (sUAS) waiver application portal.
When the FAA responds to a request for a certificate of waiver, it must follow the requirements of 14 CFR § 107.200, "Waiver policy and requirements," particularly those standards outlined in § 107.200(b). As stated in that section, the FAA uses the following criteria when making a decision as to whether to grant a waiver:
1) a complete description of the proposed operation; and
2) justification that establishes that the operation can safely be conducted under the terms
of a certificate of waiver.
Given the criteria outlined above, the FAA is unable to approve your request for a waiver to §107.29 because you did not describe interventions, for one or more hazards, to mitigate risk to an acceptable level. If you would like to reapply, include as much detail as required to describe the proposed operation, the purpose of the operation, and method by which the proposed operation can be safely conducted. Information should identify potential hazards and risks of the waivered operation, including risk-mitigation strategies, and characteristics of the sUAS. Refer to the waiver performance standards at:
Request a Part 107 Waiver or Operation in Controlled Airspace. You must address each of the standards for the applicable regulatory section to be waived. Address each standard and how you propose to mitigate risks associated with the hazards utilizing operating limitations, technology, training, equipment, personnel, restricted access areas, etc. Only request a waiver from regulatory sections necessary to conduct the operation.