Jeromy	Kusch

Ascend	Imagery

14439	NW	Military	HWY

Ste	108	#233

San	Antonio,	Texas	78231

210-965-6835

jeromy@ascendimagery.com

August	10,	2015

Persuant	to	Section	333	of	the	Faa	Modernization	and	Reform	Act	of	2012	and	14	

CFR	Part	11,	I	formally	petition	the	Federal	Aviation	Administration	(FAA)	for	an	

exemption	from	Part	21,	subpart	H;	and	Sections	45.23(b),	61.113(a)	and	(b);	

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);	91.203(a)	and	(b),	91.405(a),	91.407(a)(1),	91.409(a)(2);	and	

91.417(a)	and	(b)	of	Title	14,	Code	of	Federal	Regulations	(14	CFR).	

Below	are	the	descriptions	of	the	parts,	subparts	and	sections	for	which	the	

requested	exemptions	have	been	made,	and	my	reason	upon	requesting	the	

exemptions.

Part	21	prescribes	the	requirements	for	issuing	and	changing	design,	productions,	

and	airworthiness	approvals,	including	airworthiness	certificates.

Section	45.23(b)	prescribes	that	when	marks	include	only	the	Roman	capital	letter	

“N”	and	the	registration	number	is	displayed	on	limited,	restricted	or	light-sport	

category	aircraft	or	experimental	or	provisionally	certificated	aircraft,	the	operator	

must	also	display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	

station,	in	letters	not	less	than	2	inches	nor	more	than	6	inches	high,	the	words	

“limited,”	“restricted,”	“light-sport,”	“experimental,”	or	“provisional,”	as	applicable.	

61.23(a)	and	(c)	PIC	must	operate	with	3class	medical.	

61.101(e)(4)	and	(5)	Recreational	pilot	to	act	as	a	command	pilot	of	an	aircraft	for	

compensation	or	hire,	in	furtherance	of	a	business.	

61.315(a)	Sport	Pilot	certificate	can	act	as	a	pilot	in	command	of	an	aircraft	for	

compensation	or	hire	and	act	as	pilot	in	command	of	an	aircraft.	

Section	91.7(a)	prescribes	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	

an	airworthy	condition.	

Section	61.113(a)	and	(b)	prescribes	that—

(a)	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	command	of

an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire;	nor	
may	that	person,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	aircraft.

(b)	a	private	pilot	may,	for	compensation	or	hire,	act	as	pilot	in	command	of	an	

aircraft	in	connection	with	any	business	or	employment	if:	

(1)	The	flight	is	only	incidental	to	that	business	or	employment;	and

(2)	The	aircraft	does	not	carry	passengers	or	property	for	compensation	or	hire.	

Section	91.119	prescribes	that,	except	when	necessary	for	takeoff	or	landing,	no	

person	may	operate	an	aircraft	below	the	following	altitudes:	

(c)	Over	other	than	congested	areas.	An	altitude	of	500	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,	or	structure.	

(1)	A	helicopter	may	be	operated	at	less	than	the	minimums	prescribed	in	

paragraph	(b)	or	(c)	of	this	section,	provided	each	person	operating	the	helicopter	

complies	with	any	routes	or	altitudes	specifically	prescribed	for	helicopters	by	the	

FAA;	and	

(2)	A	powered	parachute	or	weight-shift-control	aircraft	may	be	operated	at	less	

than	the	minimums	prescribed	in	paragraph	(c)	of	this	section.	

Section	91.121	requires,	in	pertinent	part,	each	person	operating	an	aircraft	to	

maintain	cruising	altitude	by	reference	to	an	altimeter	that	is	set	“...to	the	elevation	

of	the	departure	airport	or	an	appropriate	altimeter	setting	available	before	

departure.”	

Section	91.151(a)	prescribes	that	no	person	may	begin	a	flight	in	an	airplane	under	

VFR	conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	is	

enough	fuel	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal	

cruising	speed,	(1)	during	the	day,	to	fly	after	that	for	at	least	30	minutes	[emphasis	

added].	

Section	91.203(a)	prohibits,	in	pertinent	part,	any	person	from	operating	a	civil	

aircraft	unless	it	has	within	it	(1)	an	appropriate	and	current	airworthiness	

certificate;	and	(2)	an	effective	U.S.	registration	certificate	issued	to	its	owner	or,	for	

operation	within	the	United	States,	the	second	copy	of	the	Aircraft	registration	

Application	as	provided	for	in	§	47.31(c).	

Section	91.203(b)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	

aircraft	unless	the	airworthiness	certificate	or	a	special	flight	authorization	issued	

under	§	91.715	is	displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	

passengers	or	crew.

91.405(a),	PIC	will	perform	inspections	to	UAS	according	to	manufacturer's	

operations	manual.	

91.407(a)(1),	PIC	will	perform	functional	check	flight	prior	to	UAS	return	to	service.	
91.409(a)(1)	and	(2)	Annual	inspections	are	replaced	with	manufacturer's	

guidelines.	

91.417(a)	and	(b).	Company	will	keep	UAS	maintenance	records	including	accidents	

and	incidents.	

The	use	of	this	UAS	in	the	following	requested	applications	greatly	reduces	risk	to	

the	public	and	property	as	there	is	no	fuel	carried	by	the	Inspire	1,	aircraft	noise	is	

greatly	reduced	as	opposed	to	a	standard	aircraft	or	rotorcraft	both	of	which	require	

numerous	passes	or	extended	lengths	of	hover	time	to	accomplish	the	same	task	as	

the	UAS	can	in	only	a	few	minutes.	The	UAS	only	weighs	about	6	pounds	and	is	by	

far	a	much	smaller	hazard	to	persons	or	property	than	a	standard	aircraft	or	

helicopter	in	the	event	of	a	catastrophic	in-flight	failure.	There	is	no	higher	priority	

for	Ascend	Imagery	other	than	the	safety	of	the	public	and	property.	

Ascend	Imagery	under	the	operation	of	Jeromy	Kusch	request	relief	from	these	

regulations	is	to	provide	commercial	operation	of	a	UAS,	equipped	with	cameras	

and	sensors	for	use	in	the	following	operations:

• ● Aerial	video/photography	for	public	and/or	private	use	including	real	

estate,	architecture,	land	surveying,	engineering,	and	other	related	

commercial	and	professional	activities.	

• ● Aerial	video/photography	supporting	agricultural	and	wildlife	and	

conservation	operations.	

• ● Aerial	video/photography	supporting	insurance	company	operations	

including	

insurability	and	adjustments.	

• ● Aerial	video/photography	for	public	and/or	private	use	including	

television,	public	events,	cinematography	and	news	gathering.	

• ● Aerial	inspection/photography	of	residential/commercial	structures	

under	contract	or	approval	with	the	owners	or	local	government	authority.	

• ● Aerial	inspection/photography	of	industrial	structures	under	contract	

with	the	owners,	including	industrial	structures	in	the	commercial	energy	

industry	including	but	not	limited	to	natural	gas	and	oil,	wind	power,	solar	

power	and	coal	power	facilities.

• ● Aerial	inspection/photography	of	residential/commercial	utility	

infrastructure	including	but	not	limited	to	electrical	power	lines,	wind	

turbines	and	cell	towers.	

• ● Aerial	video/photography	or	providing	live	video	feed	to	assist	with	public	

agencies	search	and	rescue	operations	in	cases	of	an	emergency	or	natural	

disaster	when	the	government	authorities	request	it	or	as	a	need	arises	and	

permission	is	granted	by	the	agency	in	first	response.

• ● To	offer	training	to	both	private	and/or	public	organizations	that	have	

interests	in	the	use	and	application	of	a	UAS	for	the	purpose	of	the	safe	
operation	of	a	UAS	to	enhance	the	safety	of	the	NAS	and	for	the	safety	of	the	

persons	and	property.

Ascend	Imagery	Requests	relief	under	the	following	perameters:	

1. To	conduct	flight	operations	with	the	DJI	Inspire	1.	Flight	weight,	with	

battery,	is	less	than	55	pounds	including	payload	and	carry	no	fuel	

and	with	a	mazimum	flight	speed	of	50	MPH.	

2. All	flight	operations	will	be	conducted	in	Class	G	airspace	and	below	

400’	AGL,	except	with	permission	from	airport	management	and	

NOTAM	requirements.	Flights	will	maintain	VFR.	

3. A	Pilot	in	Command	(PIC)	and	Visual	Observer	(VO)	will	maintain	

visual	line	of	sight	with	UAS	for	duration	of	flight.	The	PIC	and	VO	will	

be	in	constant	communication	audibly	or	by	hands	free	radio.	

4. PIC	or	VO	will	hold	airline	transport,	commercial,	private,	

recreational,	or	sport	pilot	certificate	with	FAA	within	1	year	of	

requested	exemption	(with	training	beginning	withing	60	days	of	

granted	exemption,	and	an	issued	U.S.	driver’s	license	and	meet	the	

flight	review	requirements.	

5. To	conduct	flight	operations	less	than	500’	from	participating	persons	

and	structures.	

6. All	Ascend	crew	will	be	trained	on	respective	aircraft.	Flight	hours	and	

maintenance	will	be	logged.	All	incidents	and	accidents,	including	

equipment	failure	will	be	reported	to	FAA	and	NTSB	as	required.	

7. All	flight	operations	will	undergo	mission	and	flight	planning,	pre	and	

post	flight	checks.	

8. UAS	flights	will	always	give	way	to	manned	flight	for	safety.	

9. Each	and	every	operation	will	be	conducted	consistent	with	safety,	

property	owner	permissions	and	public	privacy.	

10. Aircraft	will	be	on	a	maintenance	schedule	for	inspected	and	repair	

and	be	recorded,	according	to	the	UAS	operators	manual.	All	

significant	repairs	will	be	completed	with	a	functional	test	flight.	

11. The	Inspire	1	Remote	Controller	is	a	multi-function	wireless	

communication	device	that	integrates	the	video	downlink	ground	

system	and	aircraft	Remote	Controller	system.	The	video	downlink	

and	aircraft	Remote	Controller	system	operate	at	2.4	GHz	with	

maximum	transmission	distance	of	2km.	The	remote	controller	

features	a	number	of	camera	functions,	such	as	taking	and	previewing	

photos	and	video,	and	controlling	gimbal	motions.	The	remote	

controller	is	powered	by	a	2S	rechargeable	battery.	The	current	

battery	level	is	displayed	by	LEDs	on	the	front	panel	of	the	remote	

control.	

12. Compliance	Version:	The	Remote	Controller	is	compliant	with	both	CE	

and	FCC	regulations.	Operating	Mode:	Control	can	be	set	to	Mode	1	,	

Mode	2.
Mode	1:	The	right	stick	serves	as	the	throttle.

Mode	2:	The	left	stick	serves	as	the	throttle.	

13. PIC	will	have	a	minimum	of	200	flight	cycles	{landings	and	takeoffs)	

and	25	hours	of	total	flight	time	as	a	UAS	pilot	and	must	have	logged	

at	least	10	hours	as	a	PIC	with	a	UAS	aircraft	similar	to	the	aircraft	

used	for	the	commercial	operation.	PIC	will	also	have	a	minimum	of	5	

hours	as	pilot	of	the	make	and	model	UAS	aircraft	and	have	performed	

three	takeoffs	and	landings	within	the	preceding	90	days.	Flight	cycles	

can	be	completed	in	combination	with	the	DJI	flight	simulator	and	live	

flight	exersizes	in	an	open,	safe	area.

13. The	VO	will	have	completed	the	qualification	process	outlined	in	

Texas	UAS	Operations	Law	and	Guidelines.	

14. All	flight	crews	will	comply	with	UAS	Operations	Manual	and	the	

Texas	UAS	Operations	Law	and	Guidelines.

15. Collision	avoidance	

16. Loss	of	C2	link	procedures	as	outlined	in	the	Operators	manual	for	

the	Inspire	1.

17. Identification	of	inflight	hazards	i.e.	aerial	wires,	birds	in	the	area,	

changing	weather	etc.	

18. Estimating	distance	from	objects,	persons,	vehicles	and	vessels.	

19. The	ability	to	recognize	persons	or	objects	that	are	not	part	of	the	

intended	and	permitted	part	of	the	project	that	enter	the	500	foot	

operational	area	unless	such	persons	or	objects	are	deemed	permitted	

by	the	owner	or	controller	of	the	property	or	area	and	the	PIC	makes	a	

safety	assessment	of	the	risk	of	operating	closer	and	it	does	not	pose	

undue	or	significant	risk.	

20. The	ability	to	quickly	and	safely	land	the	Inspire	in	the	event	of	

intrusion	into	the	safe	zone.

21. Software	in	relation	to	the	Inspire’s	operation	will	be	checked	for	

proper	function.	The	most	current	DJI	vision	APP	and	the	current	

firmware	will	be	installed	to	assure	the	most	up	to	date	safety	

features.

22. Prior	to	every	flight,	the	compasson	the	Inspure	will	be	calibrated	as	

to	ensure	precision	location	per	Owner’s	Manual	Guidelines.

23. Drone	View	Program	monitors	altimeter	and	flight	settings	accurately	

and	functionally	throughout	flight.	

24. Multiple	safety	features	will	be	activated	during	flight,	including	but	

not	limited	to	RTH,	Home	Point,	Compass,	low	battery	warning,	Auto	

Return	Home,	and	Home	Point.

25. The	Use	of	DJI’s	flight	program	ensure	proper	and	safe	flights	by	

utilizing	the	following	tools:

a-	Flight	attitude	and	radar	function

b-	Flight	parameters-RTH	(return	to	home)	altitude,	horizontal	

distance	from	home	point,	altitude-vertical	distance	from	home	point,	

speed-horizontal	flying	speed.
c-	Flight	Battery	Level	indication

d-	There	is	a	built	in	preflight	checklist	within	the	DJI	vision	APP	

which	is	completed	prior	to	each	flight.	

26. Aircraft	GPS	Status-Our	Inspire	1	does	not	fly	without	(7)	GPS	

Satellites	available.

27. Flight	parameters- We	will	fly	with	parameters	displayed	in	order	to

assist	in	maintaining	safe	distances	from	persons	and	objects	and	to	

adhere	to	the	flight	plan.	

28. Ascend	Imagery	will	operate	with	a	minimum	of	(1)	one,	trained	

spotter	for	every	flight.	“Trained”	meaning	familiarization	with	the	

Inspire	1	and	its	abilities	according	to	the	operators’	manual	as	well	as	

the	abilities	of	PIC.	Spotters	will	participate	in	documented	training	

developed	in-house	prior	to	being	allowed	on	the	flight	line.

29. Prior	to	each	flight,	the	PIC	and	the	Spotter(s)	will	perform	a	pre-flight	

briefing	detailing	the	estimated	flight	distance,	estimated	flight	level	

AGL	and	the	goal	of	the	particular	flight.	Each	preflight	briefing	will	be	

documented	by	the	PIC	to	include	flight	details,	pilot	name,	spotter(s)	

name,	weather	details,	time	and	date.	

30. Written	and/or	verbal	consent	will	be	obtained	from	the	

person/business	requesting	the	flight.	

31. A	post-flight	briefing	will	also	be	conducted	and	documented	with	the	

PIC	and	the	VO.

32. The	Documented	Pre-flight,	the	raw	pictures	and/or	the	raw	video	

footage	as	well	as	the	post-flight	brief	and	written	consent	will	be	kept	

by	Jeromy	Kusch	or	Ascend	Imagery	for	a	period	of	at	least	(2)	years.	

The	reason	for	relief	Ascend	Imagery	seeks	is:

45.23	Marking	of	the	aircraft.	The	Inspire	1	does	not	have	a	cabin,	does	not	

have	a	cockpit	or	a	pilot	station.	Minimum	sized	lettering	and	wording	are	

difficult	to	place	on	the	UAS.	We	will	however	affix	a	sticker	on	the	unit	which	

will	contain	contact	information	for	the	company	in	case	of	aircraft	loss.	

61.23(a)	and	(c)	PIC	to	operate	with	3class	medical.	

61.101(e)(4)	and	(5)	Recreational	pilot	to	act	as	pilot	in	command	for	

compensation	or	hire,	in	furtherance	of	a	business.	

61.113(a)	Private	pilot	certificate	may	act	as	pilot	in	command	of	an	aircraft	

(UAS)	for	compensation	or	hire	and	act	as	pilot	in	command	of	an	aircraft.	

61.315(a)	Sport	Pilot	certificate	may	act	as	pilot	in	command	of	an	aircraft	

(UAS)	for	compensation	or	hire	and	act	as	pilot	in	command	of	an	aircraft.	
91.7(a)	Operate	UAS	without	airworthiness	certificate.	

91.119(c),	To	operate	below	Minimum	safe	altitudes,	and	under	safe	

conditions	operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	

structure.	

91.121,	Operate	without	and	altimeter.	

91.151(a)(1),	Fuel	requirements	for	flight	in	VFR	conditions.	UAS	has	no	fuel.	

Terminate	flight	with	at	least	7	minutes	battery	power	or	operators	manual	

recommendations,	whichever	is	greater.	

91.405(a),	PIC	will	perform	inspections	to	UAS	according	to	manufacturer's	

operations	manual.	

91.407(a)(1),	PIC	will	perform	functional	check	flight	prior	to	UAS	return	to	

service.	91.409(a)(1)	and	(2)	Annual	inspections	are	replaced	with	

manufacturer's	guidelines.	

91.417(a)	and	(b).	Company	will	keep	UAS	maintenance	records	including	

accidents	and	incidents.	

We	believe	that	given	the	size,	weight,	speed,	and	limited	operating	area	associated	

with	the	Inspire	1,	requests	an	exemption	from	14	CFR	part	21,	Subpart	H	

(Airworthiness	Certificates)	and	§	91.203	(a)	and	(b)	(Certifications	required),	

subject	to	certain	conditions	and	limitations,	is	warranted	and	meets	the	

requirements	for	an	equivalent	level	of	safety	under	14	CFR	part	11	and	Section	333	

of	P.L.	112-95	(Section	333).	

At	Ascend	Imagery	we	take	particular	pride	in	our	approach	to	UAS	operation.	

Safety	is	our	first	goal.	We	understand	this	new	techonogy,	while	immediately	

beneficial	fiscally,	safely,	and	socially,	does	come	with	a	certain	range	of	concerns	

regarding	privacy	and	personal	safety.	We	believe	the	steps	we	have	outlined	in	this	

request	for	exemption	meet	all	current	guidelines	and	requirements	for	normal	

manned	flight	operations,	with	smaller	often	safer	UAS’s	for	the	purporses	

previously	stated.

If	any	additional	information	is	required	please	call	or	email	request.	Thank	you	for	

your	consideration.

Sincerely,

Jeromy	Kusch

Ascend	Imagery
210-965-6835

jeromy@ascendimagery.com