August 14, 2015

 Exemption No. 11171A

 Regulatory Docket No. FAA−2014−0816

Mr. Brian J. Borkowski

Asymmetric Technologies, LLC

1395 Grandview Avenue, Suite 3

Columbus, OH 43212

Dear Mr. Borkowski:

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists the revised conditions and limitations.

By letter dated April 16, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Asymmetric Technologies, LLC (hereinafter petitioner or operator) for an 

amendment to your current exemption. That exemption from Part 21, Subpart H, Part 27; 

§§ 45.23(b), 45.27(a), 61.113(a) and (b), 91.7(a), 91.9 (b)(2); 91.9(c); 91.103; 91.109(a); 

91.119; 91.121; 91.151(a); 91.203(a)and(b); 91.405(a)(1); 91.407(a)(1); 91.409(a)(1); and 

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the petitioner to 

operate a UAS to conduct infrastructure (bridge) inspections. You requested an amendment 

to add aerial imaging and inspections with a focus on tall structures (between 200 and 400 

feet AGL), transportation and towered infrastructure, including bridges, cell phone and radio 

towers, light poles, utility-power generation and transmission structures, and dams, and (ii) 

for the purpose of conducting demonstrations of the Microdrone platforms in conjunction 

with training and inspection efforts; To allow flight operations within the National Airspace 

System (“NAS”) 100 feet above existing structures that already exceed an altitude of 400 feet 

above ground level (AGL) when inspection conditions warrant such necessity; and that the 

PIC must possess at least a recreational or sport pilot certificate and have a valid U.S. driver’s 

license.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 
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unmanned aircraft(s) authorized in the original grant is comparable in type, size, weight, 

speed and operating capabilities to those in this petition.

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

The FAA has updated the conditions and limitations since the petitioner’s initial grant of 

exemption to those found in Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA2014-0642). Also in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to 

VDOS Global, LLC (see Docket No. FAA−2014−0382), the FAA found that the enhanced 

safety achieved using an unmanned aircraft (UA) with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an amendment to an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of an amendment is in the public interest.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11171 

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to its exemption from 14 CFR §§ 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), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to 

operate a UAS to perform aerial data collection

1

. This exemption is subject to the conditions 

and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.
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Conditions and Limitations

The conditions and limitations within Grant of Exemption No. 11171 have been superseded, 

and are amended as follows. 

In this grant of exemption, Asymmetric Technologies, LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Microdrones 

MD4−1000 and MD4−200 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the UA.
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duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.
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13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.
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21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present 

an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 
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to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on February 28, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
1

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA-2014-0816

ASYMMETRIC TECHNOLOGIES, LLC, PETITION FOR AMENDMENT CONCERNING

CONDITION AND LIMITATION NUMBERS 1, 2, 4, & 16 TO GRANT OF EXEMPTION NO. 11171

Submitted on April 16th, 2015

BRIAN J. BORKOWSKI

ASYMMETRIC TECHNOLOGIES, LLC

1395 Grandview Avenue, Suite3

Columbus, OH 43212

Phone: 614-725-5310

Fax: 614-928-3202

President and CEO
2

I. INTRODUCTION

Petitioner, Asymmetric Technologies, LLC. (“Asymmetric”), by and through undersigned counsel, 

pursuant to the provisions of the Federal Aviation Regulations and the Federal Aviation Administration 

(“FAA”) Modernization and Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator for amendments to Condition and 

Limitations numbered one (1) two (2) four (4) and sixteen (16) to Grant of Exemption No. 11171 

(Regulatory Docket No. FAA-2014-0816), which granted Asymmetric applicable exemptions from 14 

C.F.R to the extent necessary to allow operation of the Microdrone MD4-1000 Unmanned Aircraft 

System (“UAS”) for the special purpose of conducting bridge infrastructure inspections.

Specifically, Asymmetric seeks an amendment to specific Conditions and Limitations contained in Grant 

of Exemption No. 11171 as follows: 

(1) Whereas use and operation of Microdrone MD4-1000 is previously granted, Asymmetric seeks 

permission to also use and operate Microdrone MD4-200; 

(2) Whereas use of UAS to inspect bridge infrastructure is previously granted, Asymmetric seeks 

permission to (i) use UAS to conduct aerial imaging and inspections with a focus on tall structures

(between 200 and 400 feet AGL), transportation and towered infrastructure, including bridges, cell 

phone and radio towers, light poles, utility-power generation and transmission structures, and dams,

and (ii) for the purpose of conducting demonstrations of the Microdrone platforms in conjunction with 

training and inspection efforts; 

(4) To allow flight operations within the National Airspace System (“NAS”) 100 feet above existing 

structures that already exceed an altitude of 400 feet above ground level (AGL) when inspection 

conditions warrant such necessity.

(16) The PIC must possess at least a recreational or sport pilot certificate and have a valid U.S. driver’s 

license. 

Asymmetric submits that in adhering to existing FAA standards and guidelines concerning UAS 

operations, and the conditions and limitations set forth in Grant of Exemption No. 11171, as well as the 

proposed amendments thereto as set forth below, will ensure the safety of the NAS, and of persons and 

property on the ground.

In support thereof, Asymmetric states the following:

A. Name and Address of the Petitioner.

The name and address of the Petitioner is:

ASYMMETRIC TECHNOLOGIES, LLC

1395 Grandview Avenue, Suite3
3

Columbus, OH 43212

B. The point of contact for this Petition and specific contact information is as follows:

Brian J. Borkowski

1395 Grandview Avenue, Suite 3

Columbus, OH 43212

Phone: 614-725-5310 Fax: 614-928-3202

Email: brian@asymmetric.com

II. PROPOSED OPERATIONS

A. Asymmetric Seeks To Amend Condition and Limitation Number One (1) to Exemption No. 11171.

Condition and Limitation number one to Grant of Exemption No. 11171 states the following at page 16:

“Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents which has four rotors and four motors in a quadcopter configuration and weighing 

less than 8.5 pounds: Microdrones MD4-1000, manufactured by Microdrones. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant.”

1. Extent of the Amendment Sought.

Asymmetric submits that Condition and Limitation number 1 to Grant of Exemption No. 11171 be 

amended as follows:

Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents which has four rotors and four motors in a quadcopter configuration and weighing 

less than 8.5 pounds: Microdrones MD4-200 and MD4-1000, manufactured by Microdrones. 

2. Necessity of Amendment Sought. 

This relief is requested because Asymmetric’s original Petition For Exemption (Regulatory Docket No. 

FAA-2014-0816) sought operation of only the Microdrones MD4-1000 to accomplish its bridge 

infrastructure inspection efforts. However, since the approval of Exemption No. 11171, Asymmetric has 

purchased the more light-weight MD4-200 Microdrones model in aspirations of building its UAS fleet 

and the company’s capability as an inspection provider. Asymmetric proposes that it may safely operate 

the Microdrones MD4-200 in accordance with the already established guidance and provisions set forth 

in Exemption No. 11171 that apply to the use of the Microdrones model MD4-1000. 
4

By operating the Microdrones MD4-200 UAS, Asymmetric will be able to enhance its aerial services 

capability by utilizing several UAS platforms. Furthermore, the MD4-200 Microdrones and its capabilities 

and limitations meet the safety considerations for UA as stated in Section 333(b) of P.L. 112-95.

B. Asymmetric Seeks To Amend Condition and Limitation Number Two To Grant Of Exemption No. 

11171.

Condition and Limitation number two to Grant of Exemption No. 11171 states the following at page 16:

“UAS operations under this exemption are limited to the inspection of bridge infrastructure.”

1. Extent of the Amendment Sought.

Asymmetric submits that Condition and Limitation number two (2) to Grant of Exemption No. 11171 be 

amended as follows:

UAS operations under this exemption are limited to aerial imaging and inspection, with a focus on tall 

structures, transportation and towered infrastructure. This exemption also provides for UAS 

demonstrations on predetermined and pre-coordinated structures for training and planning purposes in 

conjunction with inspection efforts. 

2. Necessity of Amendment Sought.

This relief is requested because Asymmetric’s original Petition For Exemption (Regulatory Docket No. 

FAA-2014-0816) sought specific exemptions from FRMA, Section 333 in anticipation of its then singular 

effort to conduct bridge infrastructure inspections. However, since the approval of Exemption No. 

11171, Asymmetric has been working diligently to enhance its UAS program and services and has 

consequently been approached by several transportation engineering and utility service providers in 

aspirations of partnering with Asymmetric and utilizing its trained UAS personnel and Microdrones fleet 

to conduct inspections and obtain aerial imagery and data. These inspections would include the 

collection of imagery and data on structures such as bridges, cell towers, transmission towers, power 

lines, separate wind-turbines, and hydroelectric dams.

Additionally, it has been determined that the ability to conduct UAS demonstrations for customers on 

structures authorized within Exemption No. 11171 not only enhances safety in regards to planning and 

preparation for UAS operations by Asymmetric and its partners, but would supplement the approved 

training program prescribed in the Asymmetric Flight Manual. These demonstrations also support 

Asymmetric’ s UAS platform resale efforts with customers that want to build their own UAS programs as 

a result of successful inspections.

Asymmetric proposes that it may safely operate its UAS Microdrones platforms and enhance its aerial 

services capability in accordance with the already established standards and safety procedures set forth 

in Exemption No. 11171 (Regulatory Docket No. FAA-2014-0816).
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C. Asymmetric Seeks To Amend Condition and Limitation Number Four To Grant Of Exemption No. 

11171.

Condition and Limitation number four (4) to Grant of Exemption No. 11171 states the following at page 

17:

“The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’s manual. All altitudes reported to the ATC must be 

in feet AGL.”

1. Extent Of The Amendment Sought.

Asymmetric submits that Condition and Limitation number 4 to Grant of Exemption No. 11171 be 

amended as follows:

The UAS must be operated as indicated by the procedures specified in the operator’s manual at an 

altitude of no more than 400 feet above ground level (AGL), or, no more than 100 feet above structures 

that already impede the national airspace with a height of 301 feet or greater. All altitudes reported to 

the ATC must be in feet AGL.

2. Necessity of Amendment Sought.

This relief is requested because Asymmetric’s original Petition For Exemption (Regulatory Docket No. 

FAA-2014-0816) included only the necessary operating parameters specific to the conduct of a narrow 

category of bridge inspections. With the expansion of Asymmetric’s role as a UAS inspection provider 

and its research of target-market structures, it is determined that some commercial structures that are 

in need of inspection and repair already exceed a height of 400 feet, or are close enough to that height, 

that they provide the necessity to exceed the 400-foot vertical ceiling in order to conduct thorough and 

safe inspections. 

By obtaining the authorization to operate the UAS Microdrone platforms at altitudes up to 100 feet 

above structures that hamper inspection efforts with height in close proximity to a 400 foot ceiling, 

Asymmetric will be able to provide thorough inspection data and imagery of structures in their entirety 

for use by its partnered engineering and power generating companies. Moreover, a structure’s vertical 

height plus 100-feet has been determined to be a safe operating distance so as to reduce the risk of 

damage to property or injury to persons.

D. Asymmetric Seeks To Amend Condition and Limitation Number Sixteen (16) to Exemption No. 11171.

Condition and Limitation number one to Grant of Exemption No. 11171 states the following at page 18:

“The PIC must possess at least a private pilot certificate and at least a current third- class medical 

certificate.”

1. Extent of the Amendment Sought.
6

Asymmetric submits that Condition and Limitation number 16 to Grant of Exemption No. 11171 be 

amended as follows:

“The PIC must possess at least a recreational or sports pilot certificate and have a valid driver’s license.”

2. Necessity of Amendment Sought. 

This relief is requested because of the recent change in guidance by the FAA to commercial operators 

flying under Section 333 Exemptions. 

By using a recreational or sports certified pilot, Asymmetric will be able to operate its aerial services to

the high level of safety and responsibility required by the Section 333 Exemption. Due to the Microdrone 

md4-200 and md4-1000 small size, endurance, range and payload capabilities, no passengers and no 

cargo would ever be carried. The Microdrone systems have an all-digital software platform with 

advanced features previously restricted to full size unmanned UAS. Automated features and advanced 

controls enable safe, reliable operation.

Microdrones systems automatically detect potential issues with configurable automated response 

behavior such as ret1urn home and land. The systems self-calibrate all of its flight sensors and performs 

self-tests prior to takeoff to check for errors. The operator is able to set altitude limits. The PIC has the 

ability to set up maximum altitude limits to prevent climbing to altitudes where normal manned aviation 

takes place. Mircodrone systems display battery voltage and flight times to both the PIC and observer. 

Low battery on the Microdrone system triggers a warning to PIC to return home. Critical battery on the 

Microdrone system initiates an automatic controlled descent and landing. If the Microdrone detects a 

lost link to the control system the vehicle will perform its predefined Return to Home and Land behavior 

or automatically land at the location it is currently flying. Given these safety features, Asymmetric 

request that operators should be required to have a recreational or sports pilot certification and hold a 

valid U.S. driver’s license.

III. PUBLIC INTEREST

Granting Asymmetric’s Request For Amendment to Conditions and Limitations numbers One (1), Two 

(2), and Four (4), is In The Public Interest, that is, the public as a whole benefits, as described below.

Granting the present petition for amendment(s) will continue to further the public interest as set forth 

in Grant of Exemption No. 11171, beginning on page 8, in which the Administrator found good cause for 

Asymmetric’ s proposed UAS operation because enhanced safety is achieved by using an unmanned 

aircraft with the specifications described by Asymmetric, and by carrying no passengers or crew, as 

compared to a manned aircraft of significantly greater proportions, which carries crew in addition to 

flammable fuel. Granting the requested amendments is in the public interest by alleviating human 

exposure to danger by working at extreme elevations, and/or in proximity to high-voltage. The types of 

inspections proposed herein improve the quality of inspection services while decreasing operating costs 

associated therewith, comparative to conventional flight operations. Additionally, Asymmetric’s 

proposed operations significantly reduce hazards, as well as emissions, associated with the common 

practice of manned helicopter utilization to conduct similar inspection operations.
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Asymmetric’s proposed UAS operations will provide benefits to energy, science, and civil engineering. 

Furthermore, the benefits of Asymmetric’s proposed operation of the Microdrone UAS will be realized 

without implicating any privacy issues.

Granting of Asymmetric’ s proposed amendment will fulfill the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, by allowing Asymmetric to safely, efficiently, and economically 

operate the Microdrone UAS commercially within the NAS.

IV. SAFETY 

Granting the hereto proposed amendments to conditions and limitations numbers one (1), two (2), four 

(4), and sixteen (16) will not adversely affect safety.

Asymmetric proposes that it may safely operate the Microdrone UAS in accordance with its safety 

procedures and guidelines as outlined in its Flight Operations Manual. Granting these amendments 

would ensure Asymmetric’ s inspection operations are confined to flights at an altitude of no more than 

400 feet AGL, or only exceed that height to a vertical ceiling of 100 feet above an existing structure 

when inspection conditions warrant the necessity to do so. 

All FAA mandated procedures and notifications including provisions for obtaining a Certificate of 

Authorization or waiver (COA), and publishing of a Notice To Airmen (NOTAM) as outlined in 14 CFR § 

91.119 as well as Grant of Exemption 11171 shall be strictly adhered to. Asymmetric respectfully 

submits that an equivalent level of safety will be maintained, as presented in Grant of Exemption No. 

11171, as all other previously granted conditions and limitations shall remain in effect.

V. FEDERAL REGISTRY SUMMARY

The following summary may be published In the Federal Register, in the event it should be determined 

such summary is needed:

1. The Rules From Which Asymmetric Seeks Exemption:

Asymmetric, LLC seeks to amend Condition and Limitation number One, Two, Four, and Sixteen to Grant 

of Exemption No. 11171.

2. A Brief Description Of The Nature Of The Exemption Asymmetric Seeks:

This amendment to Grant of Exemption No. 11171 will permit Asymmetric Technologies, LLC to (1) allow 

operations of the Microdrone MD4-200; (2) to allow use of UAS to conduct aerial imaging and 

inspections of towered infrastructure and tall structures, and for the purpose of conducting 

demonstrations of the Microdrone platforms in conjunction with training and inspection efforts; (4) 

allow flight operations within the National Airspace System (“NAS”) 100 feet above existing structures 
8

that already exceed an altitude of 400 feet above ground level (AGL) when inspection conditions 

warrant the necessity.

VI. ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

ASYMMETRIC’S REQUEST:

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 Section 333, which 

directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As 

such, Asymmetric’s request for amendment may be granted pursuant to the authority of FMRA Section 

333 and 14 C.F.R. Part 11, as set forth above.

CONCLUSION

WHEREFORE, in accordance with the Federal Aviation Regulations (14 C.F.R) and the FAA Modernization 

and Reform Act of 2012, Section 333, Asymmetric respectfully requests that the Administrator grant this 

Petition for amendment to Grant of Exemption No. 11171, to the extent necessary to allow Asymmetric 

to operate the Microdrone UAS within the NAS for the purpose of aerial imaging and inspections of 

utility-power generation structures and dams, and for the purpose of conducting demonstrations of the 

Microdrone platforms in conjunction with training and inspection efforts.

Dated: April 16th, 2015

Respectfully submitted, 

ASYMMETRIC TECHNOLOGIES, LLC

____________________________ 

BRIAN J.BORKOWSKI

ASYMMETRIC TECHNOLOGIES, LLC

1395 Grandview Avenue, Suite3

Columbus, OH 43212

Phone: 614-725-5310

Fax: 614-928-3202

President and CEO