February 9, 2016

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Charles Bowlby, owner of Ascending Works; hereby petition the FAA for a Section 333 

exemption from various sections of 49 USC of Federal Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

I request certain exemptions in order to perform aerial photography and videography for the 

purpose of aerial video production, newsgathering, and aerial data collection using two small 

UAVs, the DJI Inspire 1 and the DJI Inspire 1 Pro.

Respectfully,

Charles Bowlby

Charles Bowlby

Owner

Ascending Works

1402 Santa Fe Circle

Roseville, California 95678
OVERVIEW:

I, Charles Bowlby, owner of Ascending Works; hereby petition the FAA for a Section 333 

exemption from various sections of 49 USC of Federal Aviation Regulations. 

Ascending Works is a full-service photography and videography company. The company has 

been in business for one year, and is committed to responsibly, professionally, and safely 

operating unmanned aerial vehicles to be used for aerial video production, newsgathering, and 

aerial data collection.

Ascending Works is committed to public safety and respecting personal privacy. An example of 

that commitment is our thorough pre and post flight protocols that we closely adhere to on every 

mission. In addition, I am a member of UAVUS, a national association of professional UAV 

operators that adheres to a strict Code of Conduct and best practices that places public safety 

first above all other considerations. 

I am an experienced UAV operator with more than 5,000 hours of flight time. I am also in the 

process of obtaining my recreational pilot certificate, and I will serve as the company Pilot in 

Charge when completed.

I am extremely sensitive and aware of the importance of safety and privacy, especially as it 

relates to UAVs. I believe safety is the first and overriding priority in regards to operating a UAV. 

Additionally, I would not operate a UAV in a manner as to invade the privacy of anyone unaware 

of our flight intentions. 

GEOGRAPHIC AREA OF OPERATION: 

Ascending Works is offering its services in all 50 states.

Our missions will take place in both urban and rural settings. Each flight will be done with the full 

permission and under the supervision of the land or property owner. Additionally, each flight will 

be limited to 100-feet AGL, since the purpose of our operations is to capture low and slow video 

and photographic imagery that is centered on a subject near ground level.

When necessary, we will notify and seek approval of local airport authorities as required by FAA 

regulations.
UAV INFORMATION:

The DJI Inspire 1 and DJI Inspire 1 Pro are lightweight (7.5 lb.), battery-operated, four-motor 

rotorcraft in the form of a quadcopter that take off and land vertically. Both models include the 

following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high-definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A onboard radio transmitter (5.8GHz and 2.4GHz) that transmits live video from the onboard 

camera plus all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC), myself, in operational control of a flight operation from beginning to 

end and who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A radio transmitter/controller operated by myself to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.

• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, I will hover at an altitude of approximately 10 feet to assure that the home 

return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not functioning, 

the mission will be terminated immediately.
• Operate with a Visual Observer (VO) alongside myself who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist me in keeping the UAV 

within Visual Line of Sight (VLOS). The VO will also assist in any emergency maneuvers 

due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to any manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the UAVs to determine its physical and electronic 

condition.

• Obtain permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after analyzing 

site.

• Use low battery warning audible alarms from the controller to return to home and land well 

before battery drains to 30-percent capacity.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully comply:

14CFR

Part 21 Airworthiness Certification

Subpart H "prescribes the procedural requirements for issuing and changing design approval, 

production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."
Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and limitations 

associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for meeting 

the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. My sources of training are: the flight instruction manuals from the 

UAV manufacturer; online videos from the manufacturer as well as videos from users; and most 

importantly, personal training in a secure location - an open area not subject to traffic and/or 

uninvolved individuals. Those training flights, which have averaged 15 minutes each, include 

setup, physical and electronic safety checks; lift off followed by hovering at approximately 10 

feet to confirm that the GPS system is functioning properly and has registered its Home Point; a 

prescribed flight plan to familiarize and then master the fight controls and camera; returning to 

the launch point and landing. I then conduct a post-flight inspection for any problems, log the 

location and flight time and then view the video. There are no FAA certified instructors or FAA 

certified study guides available at this time as the technology continues to develop. I respectfully 

request an exemption from this rule.

§ 91.103 (b)(2)

(b)(2) This section deals with the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information.

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, I would not need 

to know this information since there are no runways involved and the return from flight is the 

takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully request relief 

from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.
Response: None of these functions are applicable to a quadcopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

quadcopter operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing can occur 

without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as has a 

paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) from any person, 

vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to our UAVs since 

these aircraft are required to fly below those altitudes. Their weight, speed and GPS-controlled 

Return to Home feature mitigates incidents that could occur from loss of signal between the 

aircraft and myself. A manned aircraft is much heavier and larger than our UAVs. If our UAVs 

were to malfunction, they carry no humans, no explosive fuel and since they fly primarily over a 

single piece of private property, any damage would likely be minimal and confined to that area. 

As mentioned, I am in the process of obtaining my recreational pilot certificate and will be the 

Pilot in Charge (PIC) of the UAV. This license, along with 5,000+ hours of UAV flight experience, 

will provide me with sufficient skills to safely manage any approach under 500 feet. In addition, 

access to the property is strictly controlled (warning sign and the clearing of any person on the 

property not involved in the flight). I respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." It requires that the "elevation of the departure airport" be set in the 

altimeter or the "current reported altimeter setting of a station along the route and within 100 

miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. Our UAVs are 

equipped with a barometric altimeter which automatically calculates the takeoff altitude (0 AGL) 

when the aircraft is warmed up ⎯ the launch point becomes the "elevation of the departure" 

point. The altitude of the UAV is visible in the control monitor before launch and is consistently 

updated as the flight progresses. I respectfully request an exemption from this rule.

§ 91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 
fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard our UAVs is not 

aviation gas but a DC battery with a maximum flight duration of 18 minutes. Fuel management 

of a UAV requires constant monitoring of the battery's state-of-charge and bringing it home 

before it reaches the manufacturer’s recommended 30-percent level. I respectfully request an 

exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments.

Response: Maintenance on our UAVs is quite straight forward. If, in landing, a rotor blade or 

two are damaged, they are quickly replaced. The traditional instrument cluster in an aircraft is 

replaced by a data stream from our UAV, visible in the control monitor.

Replacement of minor parts are performed by myself and a major 'overhaul' that can’t be easily 

resolved will go back to the manufacturer for repair. Currently, there are no required inspections 

by 'authorized' maintenance personnel and there would be no space/room on board to install a 

placard of inoperability. I respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of myself.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially affected, 

before a rated pilot performs an operational check of the maintenance.

Again, this is my responsibility to preflight the UAV and determine its flyability. And, as 

mentioned earlier, there is no pilot, crew members or passengers on-board our UAVs. I 

respectfully request an exemption from this rule.
§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there is no FAA approved inspection protocols nor authorized 

inspection personnel. I handle those issues each time our UAVs are prepared for flight.

The pre-flight check list enumerated earlier will be followed to determine its mechanical and 

electronic integrity. We respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with our UAVs, but repair issues can 

be entered into the aircraft log. We respectfully request an exemption from this rule.

§ 91.7

Summary/Response: Ascending Works requests an exemption from the civil aircraft 

worthiness requirement under 91.7(a). Section 333 permits the FAA to exempt aircraft from the 

requirements of an airworthiness certificate upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the identified UAV, and 

the FAA has determined that such certificates are not necessary for a UAV. Without such a 

certificate, Ascending Works will be unable to comply with § 91.7(a). However, the FAA “has 

determined that for the purposes of this exemption the pilot may determine the aircraft is in an 

airworthy condition prior to flight. The FAA’s regulations state that the PIC of a civil aircraft is 

responsible for determining whether the aircraft is in a condition for safe flight.” (See previously 

granted exemption no. 11213)

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing less than eight pounds with camera and battery, our 

UAVs are incapable of causing the level of damage or injury caused by a full-size, manned 

aircraft. 
Additionally, the ecologic and noise impact is negligible as compared to traditional manned 

aircraft. Economically, small unmanned aerial vehicles are the most cost-effective solution for 

aerial video production, newsgathering, and aerial data collection, making aerial videography 

more affordable for the businesses we serve. 

Sincerely, 

Charles Bowlby

Charles Bowlby

Owner

Ascending Works

1402 Santa Fe Circle

Roseville, California 95678