October 16, 2015
U. S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590
Re: Summarv Processing: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Based Upon Exemption 1111OA Issued to Trimble Navigation Limited

Dear Sir or Madam: Ascent GIS & Aerial Imaging, LLC ("Applicant") herewith applies forthe issuance ofan exemption under Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") based upon Exemption 11110 issued to Trimble Navigation Limited (''Trimble") on December 10, 2014, as amended on May 7, 2015 with issuance of Exemption 11110A in FAA Docket 2014- 0367. The requested exemption would allow Applicant to operate the UX5 and the UX5 hp aircraft manufactured by Trimble orotherTrimble aircraft approved for commercial operations under Exemptions 11110 and 1111OA, asthey may be amended in the future. Applicant notes that, in Exemption 11257, the FAA also recently authorized use ofthe Trimble UX5 by a third party underconditions like those in Exemption 1111OA. 1 Applicant hereby confirms that itwill acceptthe conditions in Exemptions 1111OA and 11257. Applicant aircraftwill be used to conduct aerial surveys and perform aerial data collection for agriculture, mining, and other purposes, but notfor closed setfilming (hereinafter "the Purpose"). Applicant hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small unmanned aerial vehicles ("sUAVs"), so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f). As this exemption request is identical to the already issued precedent, this request should qualifvfor summarv processing as the FAA has already provided public notice of and granted similar exemptions. The FAA has issued exemptions in circumstances similar in all material respects to those presented in this petition. In numerous exemptions, the FAA has found thatthe enhanced safety achieved using an unmanned aircraft ("UA") with the specifications described by the petitioners and carrying no passengers or crew, when compared to flights of much larger manned aircraft that carry crew in addition to flammable fuel, gives the FAA good cause to find that the sUAVoperation enabled bythe exemptions serves the public interest.2 In those cases, use ofthe proposed sUAV notonly enhanced safety but also fulfilled the Secretary ofTransportation's (the FAA Administrator's) responsibility to"

... establish

Exemption No. 11257 to Montana Land Surveys (see Docket No. FAA-2014-0889). 2 Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352),11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642).U. S. Department ofTransportation October 16,2015 Page 2 requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.
The name and address ofthe applicant is: Michael Reesby Ascent GIS & Aerial Imaging, LLC 636 E. Kings Hwy Shreveport, LA71106 Ph: (318) 861-4110 & Fax (318) 861-4119 Regulations from which the exemption is requested:
14 C.F.R. 61.23(a) and (c) 14 C.F.R. 61.101(e)(4) and (5) 14.C.F.R. 61.113(a) 14 C.F.R. 61.315(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.119(c) 14 C.F.R. 91.121 14 C.F.R. 91.151(a)(1) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a)(1) 14 C.F.R. 91.409(a)(1) and (2) 14 C.F.R. 91.417(a) and (b) This exemption application is expressly submitted tofulfill Congress' goal in passing Sections 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to considerwhether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of sUAVs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:

• The sUAV's size, weight, speed, and operational capability; • Operation ofthe sUAV in close proximity to airports and populated areas; and • Operation ofthe sUAVwithin visual line ofsight ofthe operator. Reform Act§ 333(a). Lastly, ifthe Secretary determinesthat such vehicles "may operate safely in the national airspace system, the Secretary shall establish reguirements forthe safe operation ofsuch aircraft in the national airspace system." !d. § 333(c) (emphasis added). 3
The FederalAviation Act, in addition to the authority granted by Section 333 of Reform Act, expressly grants the FAAthe authority to issue exemptions. This statutory authority by its

3 Applicant interprets this provision to place the dutv on the Administratorto not only process applicationsfor exemptions undersection 333, butfortheAdministratorto craft conditions forthe safe operation ofthe sUAV, if it should bedetermined thatthe conditions set forth herein do notfulfill the statutory requirements for approval.

2U. S. Department ofTransportation October 16, 2015 Page 3

terms includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, from the requirementthat all civil aircraft, which includes sUAVs, must have a current airworthiness certificate.•
The sUAVs thatApplicant proposes to use are fixed wing and weigh 55 orfewer Jbs. including payload. They operate, under normal conditions, ata speed of no more than 87 knots. Theywill operate at altitudes of no morethan 400feet, as further explained, and only within line ofsight. They will operate as set forth in the manuals attached titled as; 1) Trimble UX5 Data Sheet; and 2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide). Operations in compliance with these manuals will ensurethatthe sUAVwill "not create a hazard to users of the national airspace system orthe public"5 and that the aircraft will operate in compliance with the conditions setforth in this application. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY
The Applicant states that operating in compliance with the conditions setforth in Exemption 1111OA will provide an equivalent level ofsafety forthe operation ofthe UX5 and UX5 hp. Approval ofexemptions allowing commercial operations ofsUAVs for aerial data collection will enhance safety by reducing risk. Conventional operations, usingjetor piston power aircraft, operate at extremely low altitudesjustfeetfrom the subject being photographed and in extreme proximity to people and structures and present the risks associated with vehicles thatweigh in the neighborhood of6,000 lbs., carrying large amounts ofjetA orotherfuel (140 gallonsforjet helicopters). Such aircraft mustfly to and from the project location. In contrast, a sUAVweighing fewerthan 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lackof combustible fuel carried on board. The sUAV is carried to the target area and notflown. The sUAVwill carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraftflights. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are underthe control ofthe operator and, as a result, are far saferthan conventional operations conducted with larger manned aircraft operating in close proximity to the ground and people. Given the small size ofthe sUAVs involved and the restricted environment within which theywill operate, Applicant falls squarely within that zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUAVsto commence immediately. Also, dueto the size ofthe sUAVs, the restricted areas in which they will operate, and the fact thatthey will be flown by pilots holding at least an FAA sport or recreational pilot license, approval ofthe application presents no national security issue. PUBLIC INTEREST
The FAA has granted exemptionsto the regulations listed on page 2 in the exemptions cited above. As discussed in detail for each ofthese regulations in the attached Appendix A,

4 "The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthe Transportation Act ifthe Administratorfinds the exemption in the public interest." 49 U.S.C. §44701(f). See a/so 49 U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1). 5 Section 333(b) ofthe Reform Act.

3U. S. Department ofTransportation October 16, 2015 Page4
the public interestwill be served by an exemption because, with respect to each, operation in compliance with the requested conditions will ensure an equivalent level ofsafety. As also explained at length in Trimble's original Section 333 exemption request submitted on May 30, 2014, the grant ofthe requested exemption is in the public interest given the clear direction in Section 333 ofthe Reform Act; the authority included in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit derived from, among otherthings, the enhanced safety and reduced environmental impact, including the reduced emissions associated with allowing battery powered sUAVs instead ofturbine orgas powered aircraft.
*********
Pursuantto 14 C.F.R. Part 11, thefollowing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicantseeks an exemption from the following rules:
14 C.F.R. §§61.23(a) and (c), 61.101 (e )(4) and (5), 61.113(a), 61.315(a), 91. 7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.405(a)(1), 91.409(a)(1) and (2), and91.417(a) and (b) to operate commercially

### a small unmanned vehicle (55/bs. orJess) in motion picture and television operations andaerial data collection. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security- provide morethan adequatejustification forthe grant ofthe requested exemption allowing commercial operation ofapplicant's sUAVforthe Purpose outlined herein and are consistent with exemptions already granted, including Exemption 111

### OA. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay.

cc: Very truly yours,

## "~~,,**g:/~**

### /~!~hael Reesby Ascent GIS & Aerial Imaging, LLC

4U. S. Department ofTransportation October 16, 2015 Page 5

APPENDIX A

14 C.F.R. 

### § 61 .23(a) and (c): Medical Certificates: Requirementand Duration Sections 61 .23(a) and (c) address the requirement of medical certificates for pilots. Section 61 .23(a) requires a person exercising the privileges ofa recreational pilotto hold at least a third class medical certificate. Section 61 .23(c) permits the holder ofa sport pilot certificate to actas PIC ofa light-sport aircraft with either a medical certificate or U.S. issued driver's license. Light-sport aircraft may weigh up to 1,430 pounds and seat up to two persons, including the pilot. Comparatively, the Trimble craft will weigh fewerthan 55 pounds, and it will not carry pilots, passengers, or cargo. The UAS will also be operated within visual line ofsight ofthe PIC and below 400feet above ground level and limited to operations with permission 

### over private or controlled-access property. Given these safety parameters, Applicant requests thatthe FAAwaive Section 61.23(a) upon a finding that an equivalent level ofsafety will be provided by allowing operation ofthe Trimble craft by pilots with a recreational or sport pilot certificate and a valid U.S. state issued driver's license, in lieu ofan FAA-issued medical certificate. Applicant also requests that the FAA grant relieffrom Section 61.23(c) to allow sport pilot certificate holders to operate aircraft otherthan light-sport aircraft with a valid U.S. issued driver's license. The FAA has granted exemptions to conduct similar operations in a numberofcases, including Exemption 11213.
14 C.F.R. Part61: Private Pilot Privileges and Limitations: Pilot in Command
Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Section 61 .315(a) addressesthe privileges and limitations ofthe holder ofa sport pilot certificate. Because the sUAVwill not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operating the aircraftto hold a certificate issued by the FAA authorizing operation ofany aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraftthat carries the pilot and passengers, the sUAV is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as setforth in the manual. The level ofsafety provided by the requirements included in the manuals exceedsthat provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUA\/ are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAV as requested with any certificate issued bythe FAA asthe PIC greatly exceeds the present level ofsafety achieved by 14 C.F.R. Part 61. The FAA has granted exemptionsfor private and sport or recreational pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

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14 C.F.R 

### § 91.119: Minimum SafeAltitudes Section 91.119 establishes safe altitudesfor operation of civil aircraft Specifically, 91.119(c) limits aircraftflying overareas otherthan congested areas to an altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, orstructure.
As set forth herein, the Trimble craftwill neveroperate at higherthan 400 feet AGL. They will, however, be operated to avoid congested orpopulated areas that are depicted in yellow on VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 400 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the Trimble craft are built Also, no flight will be taken withoutthe permission ofthe landowner orthose who control the land. Because ofthe advance noticeto the landowner, all affected individuals will be aware ofthe surveyflights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than theTrimble craft and carrying flammable fuel, any risk associated with these operations will be far lessthan those currently allowed with conventional aircraft operating at or belowthe same altitude. Indeed, the low-altitude operations ofthe sUAV will maintain separation between these sUAV operations and the operations of conventional aircraftthat must comply with Section 91,119. The FAA has granted exemptionsto conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.
14 C.F.R. § 91.121: Altimeter Settings
This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set"

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As each sUAV model in at least one operating modewill not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the manuals, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.
14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to thefirst point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least45 minutes."
The battery powering the sUAV limits the duration ofa flight To meetthe 30

..minute reserve requirement in 14 C.F.R. 

### § 91.151, sUAVflights would be severely limited, in some cases to approximately 10 minutes in length. Given the limitations on the sUAV's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frame forflight in daylight or nightVFR conditions is reasonable.

6U. S. Department ofTransportation October 16, 2015 Page7Applicant believes that an exemption from 14 C.F.R. 

### § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUAV, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, wilh less than 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate giventhe size and speed ofthe sUAV. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to five minutes of reserve time on the batteries. This restriction would be more than adequate to return the sUAVto its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations in Exemptions 2689F, 5745, 1067a, 10808 and Exemptions 11062, 11213, 11360 and 11447.
14 C.F.R. Part91: Maintenance Inspections
Section 91.405(a) requires that an aircraft operator or owner "shall havethat aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...." Section 91.407 similarly makes reference to requirements in Part43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service.
Given thatthese sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished by the operator pursuantto the manuals. An equivalent level ofsafetywill be achieved because these sUAVs are very limited in size and will carry a small payload and operate only in areas for limited periods oftime. If mechanical issues arise, the sUAV can land immediately since it will be operating from no higherthan 400 feet AGL. As provided in the manuals, the operatorwill ensure that the sUAV is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition in order to provide the equivalent level ofsafety. The FAA has granted exemptionsfor similar operations in Exemptions 11062,11213,11360 and 11447.

7