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 1 6th , 2015 BRIAN J. BORKOWSKI ASYMMETRIC TECHNOLOGIES, LLC 1395 Grandview Avenue, Suite3 Columbus, OH 43212 Phone: 614

- 725

- 5310 Fax: 614

- 928

- 3202 President and CEO2



### 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 A symmetric 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) T o 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, Suite33

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 Exe mption 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 fo ur 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 operati ng documents which has four rotors and four motors in a quadcopter configuration and weighing less than 8.5 pounds: Microdrone s MD4

- 200 and MD4

- 1000, manufactured by Microdrones.

2. Necessity of Amendment Sought.

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

- 2014

- 0816) sought operation of only the Microdrone s MD4

- 1000 to accomplish its bridge infrastructure inspection efforts. However, since the approval of Exemption No. 11171, Asymmetric has
pu rchased 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 Microdrone s MD4

- 200 in accordance with the already e stablished guidance and provisions set forth in Exemption No. 11171 that apply to the use of the Microdrones model MD4

- 1000.4

By operating the Microdrone s MD4

- 200 UAS, Asymmetric will be able to enhance its aerial services capability by utilizing several U AS platforms. Furthermore, the MD4

- 200 Microdrone s 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 s ubmits 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 reque sted 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 a pproval 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 Asymme tric 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, transm ission 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 pla nning 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 custome rs 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).5

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 altitud e 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 enoug h 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 structure s 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 compan ies. 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 (1 6 ) to Exemption No. 11171.
Condition and Limitation number one to Grant of Exemption No. 11171 states the following at page 1 8 :

“ 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 1 6 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. Nece ssity 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 M icrodr o ne system s 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.

Microdrone s system s automatically detect potential iss ues 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. Mircod ro ne systems display battery voltage and flight times to both the PIC and observer

. Low battery on the Microdrone s ystem 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 H ome 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 licens e

.



### 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 us ing 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 requeste d 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 opera ting 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 cond uct similar inspection operations.7

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 commerciall y 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 UA S 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 excee d 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 waive r (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 Gr ant 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 i s 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 See ks:

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 structures8

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 R eform 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. P art 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 co nducting demonstrations of the Microdrone platforms in conjunction with training and inspection efforts.

Dated: April 1 6th , 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