May 18,2015 

United States Department of Transportation 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Avenue, NE 

Washington, DC 20590 

Filed in www.regulations.gov 

AkinGump 

STRAUSS HAUER & FELD LLP 

GREGORY S. WALDEN 

+1 202.887.4213/fax: +1 202.887.4288 

gswalden@akingump.com 

Re: Petition for Exemption of Ascend Aerials LLC under Section 333 of the FAA 

Modernization and Reform Act, 49 U.S.C. 44701(£), and 14 C.F.R. Part 11 

On behalf of Ascend Aerials LLC ("Ascend Aerials"), we hereby seek an exemption from certain 

Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA 

Modernization and Reform Act ("Section 333"), Subsection 44701(f) of the Federal Aviation 

Act, and pursuant to the procedures set forth in Part 11 of the Federal Aviation Regulations, to 

allow Ascend Aerials to operate the DJI Phantom 1, DJI Phantom 2, DJI Phantom 3, DJI Inspire 

One, DJI S900, DJI S 1000, and 3DR Solo, to provide: 

• Aerial cinematography services 

• Aerial sensor data collection 

• Aerial survey, inspection, and photogrammetry 

• Aerial communication services (Wi-fi hotspots, FM radio transmission, VHF 

repeater, cellular) 

• News gathering services 

• Airborne emergency services support (reconnaissance and communications 

Except in three respects, as explained below, Ascend Aerials will comply with the same 

conditions and limitations as provided in numerous Section 333 exemptions granted recently. 

Accordingly, we respectfully ask the FAA to grant this petition in summary fashion, and obviate 

Federal Register publication and public comment. 

Ascend Aerials is an Atlanta based, full service, aerial video production house that provides a 

comprehensive offering of marketing, documentation, and exploratory services. Specializing in 

the utilization of Unmanned Aircraft Systems for capturing aerial photography and 

video, Ascend Aerials delivers a diverse product offering which provides its clients with the very 

best in creative aerial and multimedia marketing tools by leveraging state-of-the-art technologies 

RobertS. Strauss Building 11333 New Hampshire Avenue. N.W. Washington , D.C. 20036-1564 202.887.4000 fax 202.887.4288 a~1ngump com 
Ascend Aerials Petition for Exemption 

May 18,20 15 

Page2of7 

in order to provide the aforementioned services at a fraction of traditional operating costs. This 

savings is at the heart of Ascend Aerials' mission focus, and the operation of UAS is integral to 

its relevance in the space described above. 

The name of the applicant is Ascend Aerials LLC. The primary contact is Mr. Louie Northern, 

1630 W. Peachtree Street NE #6, Atlanta, Georgia 30309. Telephone is 706-246-1958. His 

email is louie@ascendaerials.com and Ascend Aerial's web address is www.AscendAerials.com. 

Exemptions requested 

14 C.P.R. Part 21 (airworthiness certification) 

14 C.P.R. Part 27 (normal category rotorcraft) 

14 C.P.R. 61.113 (a) and (b) (pilot certification and qualification) 

14 C.P.R. 91 .7(a) (airworthiness) 

14 C.P.R. 91.1 19(b) and (c) (minimum safe altitudes) 

14 C.P.R. 91.151(a) and (b) (fuel requirements in VPR conditions) 

14 C.P.R. 91.405 (a) and (b) (maintenance) 

14 C.P.R. 91.407(a)(1) (approval for return to service) 

14 C.P.R. 91.409(a) (annual and airworthiness certification inspection) 

14 C.P.R. 91.417(a) and (b) (maintenance records) 

Safety equivalence or no adverse effect on safety 

Unmanned Aerial Vehicles and Systems 

The DJI flight controller, the common control platform in the listed devices, in addition to the 

3DR Solo, has a number of teclmological capabilities to demonstrate its airworthiness. In the 

event of a loss of GPS signal, the UAS will lock in its position and automatically go to ATTI 

mode and remain stable. Loss of connection to the remote control transmitter (or software 

navigation controller) causes the vehicle to immediately achieve a preset altitude, and then return 

to its home point and land in a controlled way. 

All of the UASs intended for use contain a power storage monitoring system and fail-safe modes 

to force controlled landing before the power supply drops below operational levels. Should there 

be a loss of power, the UAVs are designed to perf01m a vertical hard landing with propellers 

providing stabilizing resistance during descent. 

If the UA V encounters an unexpected obstacle, the pilot will either divert the flight or maintain 

the UAV in a safe hover position away from the obstacle. 

Given its small size, operational capabilities, and restricted area in which the UAS will operate, 

an exemption from Part 21 , Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is 

warranted, as Ascend Aerials' UAS satisfies the equivalent level of safety as compared with 
Ascend Aerials Petition for Exemption 

May 18, 2015 

Page 3 of7 

manned aircraft and meets the criteria in section 333. Operating the UAS without an 

airworthiness certificate in the restricted environment over vacant private property under the 

conditions proposed will be safer than operating a manned helicopter operating with an 

airworthiness certificate and not subject to such conditions. 

Each UA V (with payload) is less than 55 pounds, carry no explosive materials or flammable 

liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board. 

As the FAA has found in granting an exemption to Clayco, Exemption No. 11109, at page 10: 

The limited weight significantly reduces the potential for harm to participating and 

nonparticipating individuals or property in the event of an incident or accident. The risk 

to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the aerial operations. 

For the reasons outlined above, Ascend Aerials also seeks an exemption from the certification 

requirements for normal category rotorcraft in Part 27. 

In support of Ascend Aerials' request for an exemption from 14 C.F.R. 91.405(a), 91.407(a)(l), 

91.409(a)(l) and (2), and 91.417(a) and (b), Ascend Aerials will adhere to the following 

inspection and maintenance program: Ascend Aerials will inspect the UAS before and after each 

operation, as well as perform daily, weekly, monthly, and annual inspections, as set forth in its 

operations manual. Before each flight, the pilot in command will inspect the UAS to ensure it is 

in a safe condition for flight. The preflight inspection will account for any discrepancy, such as 

an inoperable component, item, or equipment. Ascend Aerials will not initiate a flight if the 

inspection reveals a condition that adversely affects the safety of operations, and will not operate 

that UAS until it is found to be in a safe condition. Any UAS that has undergone maintenance or 

an alteration that affects the UAS's operation or flight characteristics will undergo a functional 

flight test before return to service. 

Ascend Aerials will follow the manufacturer's UAS requirements relating to components, 

maintenance, overhaul, replacement, inspection and life limits. Ascend Aerials will record all 

maintenance, alterations, and the functional flight test in the UAS logbook, including total flight 

hours, description of work accomplished, and the signature of the UAS technician who returned 

the UAS to service. 1 

Ascend Aerials' UASs are equipped with an altimeter that provides the pilot with real-time 

telemetry data in addition to a constant digital display of altitude, speed, and UAS proximity. 

Moreover, the UASs will be operated within the visual line of sight of the pilot in command and 

observer and below 400 feet AGL. In addition, the flight controllers are programmed not to 

allow the aircraft to exceed the 400 feet ceiling, even if the pilot command input is in-conflict, or 

1 Manufacturer and operating manuals will be provided separately. 
Ascend Aerials Petition for Exemption 

Mayl8,2015 

Page 4 of7 

if communication with the remote control transmitter fails. Accordingly, Ascend Aerials does 

not believe an exemption from 14 C.F .R. 91.121 is required. 

In support of Ascend Aerials' request for an exemption from fuel requirements in 14 C.F.R. 

91.15l(a) and (b), we note that its UAS is battery-powered and is operated for brief periods of 

time, within the battery capacity of the UAS. 

The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz 

FCC-approved ranges. 

UA V and UAS Operator Qualifications and Training 

In support of Ascend Aerials' request for an exemption from the pilot certification and 

qualifications requirements in 14 C.F.R. 61.113(a) and (a), Ascend Aerials asserts that an 

equivalent level of safety is achieved by the UAS-specific experience of its Pilots. Each Ascend 

Aerials pilot, before conducting a commercial operation under the requested exemption, will 

have successfully completed an aeronautical knowledge test, performed at least 20 takeoffs and 

landings of the particular UA V, and flown the particular UA V for at least 10 hours. 

Ascend Aerials recognizes the FAA's position that section 333 does not allow the FAA to waive 

the requirement of a UAS operator to hold an airman certificate, relying on section 44711. 

Section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a 

UAS operator from any certification requirement. Section 333 instructs the FAA to consider 

whether to require airworthiness certificates, certificates of waiver, and certificates of 

authorization, "at a minimum." Thus, Congress vested FAA with discretion to waive certificate 

requirements other than an airworthiness certificate, including an airman and medical 

certificates. 

Even if the pilot certification requirement is not waived, FAA has exemption authority under 

section 4470l(f) to exempt UAS operators from the particular requirements of Parts 61 and 67 -

such as the requirement to conduct flight training on board an aircraft - and develop airman 

certification requirements specifically designed for small UAS operations. Applying manned 

aircraft pilot certification requirements to small UASs is not necessary as a matter of safety, and 

does not make sense as a matter of public policy. 

Ascend Aerials believes that FAA's determination in the Astraeus Aerial and other exemptions 

that a commercial pilot certificate is not required for the operators of UASs for closed set 

filming, set forth below (emphasis added), applies equally to the nature of its UAS operations: 

[T]he experience obtained beyond a private pilot certificate in pursuit of a commercial 

pilot certificate in manned flight does not necessarily aid a pilot in the operational 

environment proposed by the petitioner; the FAA considers the overriding safety factor 

for the limited operations proposed by the petitioner to be the airmanship skills acquired 
Ascend Aerials Petition for Exemption 

May 18,2015 

Page 5 of7 

through VAS-specific flight cycles, flight time, and specific make and model experience, 

culminating in verification through testing. 

Ascend Aerials believes this reasoning supports a UAV/UAS-focused training and experience 

regimen that should obviate not only a commercial pilot certificate but also a private pilot 

cetiificate because any training will be focused on the particular skills of operating the particular 

small UAS and the particular nature ofUAS operations. 

Ascend Aerials notes that the FAA has proposed in its recent sUAS Notice of Proposed 

Rulemaking that a small UAS operator would be required to successfully complete an 

aeronautical knowledge test, but would not be required to obtain a commercial or private pilot 

certificate. Also, medical cetiification would be obviated by a pilot's self-certification before 

flight that the pilot is physically and mentally fit to operate the UAS. 

Accordingly, the FAA should grant appropriate exemption relief and revise the standard term on 

P JC certification to permit Ascend Aerials to use pilots who have successfully completed 

commercial UAS training and have also gained flying experience using the aforementioned 

UAS's. In the event the FAA does not grant such relief, however, Ascend Aerials will employ a 

suitably certificated private pilot. 

UAV and UAS Operating Parameters 

Ascend Aerials will operate its UASs in full compliance with the applicable manufacturer 

manual. Ascend Aerials' typical flight will be operated under 400 feet AGL and within 2 km of 

the operator. 

All flights will be conducted within the visual line of sight of the pilot in command, within noncontrolled airspace, with the consent of any property owner and/or developer. Although the 

UAS may be operated in a metropolitan area, it will be controlled and monitored only by 

authorized personnel, and be flown below 400 feet AGL, except in rare occasions where a 

sponsoring agency or organization requires data from higher altitudes, or where the terrain below 

would require extreme maneuvers to comply with the altitude restriction. However, in such rare 

cases, appropriate pre-flight site surveys would be undetiaken (where possible) to minimize any 

risk of collision or any negative impact with any aircraft operations in that airspace, and in any 

event all such operations would be within the visual line of sight of the operator. For any 

operations over 400 feet AGL, Ascend Aerials will coordinate with Air Traffic Control and 

obtain a Cetiificate of Authorization if required. Thus, these rare and brief operations at an 

altitude over 400 feet AGL will pose no risk to manned aircraft. Accordingly, Ascend Aerials 

requests that the standard term on altitude be revised to permit Ascend Aerials to operate its 

UASs higher than 400.feet A GL when authorized by Air Traffic Control. 

Ascend Aerials will also notify the appropriate Flight Standards District Office "("FSDO") and 

Air Traffic Control for any operation within five miles of an airport. 
Ascend Aerials Petition for Exemption 

May 18, 2015 

Page 6 of7 

Ascend Aerials will conduct a briefing before each day's operations, which all personnel 

participating in the operations must attend. Ascend Aerials will obtain written consent of any 

person who will be participating in the operations or otherwise be on the private property where 

operations are to take place. Ascend Aerials will provide notice to any adjacent buildings or 

structures. Ascend Aerials will limit its operations to daytime Visual Flight Rules ("VFR"). 

Ascend Aerials seeks an exemption from the requirement in 14 C.F.R. 91.119, subsection (b), 

that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of 

persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or 

structure in an area other than populated or congested, and not closer than 500 feet to any person, 

vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft 

operations in mind. While Ascend Aerials may operate its UASs in a metropolitan area, the 

operations will be carefully pre-planned to minimize risk to persons or property, avoid intrusion 

into unauthorized airspace, and avoid a public annoyance. Its UASs will not be operated over a 

highly-congested area or open air assembly of persons. 

Ascend Aerials will make every reasonable effort to ensure that no unauthorized person will be 

on the land over which the UASs will be operated, and will provide notice to adjacent buildings 

and furnish proctors as may be necessary to ensure that unauthorized persons do not come within 

the narrow paran1eters in which the UASs will be operated. Combined with the technological 

capabilities of the UASs and that the UASs will be operated within the visual line of sight of the 

pilot and an observer, Ascend Aerials submits that its operational limitations provides an 

equivalent level of safety to that provided in section 91.119. 

For news gathering operations as well as for emergency services support, Ascend Aerials seeks a 

revision to standard term and condition 27, which provides that "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." For news gathering 

and emergency services support operations, it would be impractical to require advance notice and 

approval from private property owners. Precautions outline above will be taken by Ascend 

Aerials to minimize any risk to persons on the ground. 

Public interest 

Ascend Aerials' UAS operations will substantially benefit public and private organizations which 

have an interest in gathering critical information - atmospheric, situational, etc. - to support their 

operations. Depending on the use-case, these scenarios may include: 

• aerial cinematography or photography (in support of government, commercial, or nonprofit organizations), 

• the gathering of sensor data to document to provide real-time awareness of potential 

radiological or biohazards present in an operational area, 
Ascend Aerials Petition for Exemption 

May 18, 2015 

Page 7 of7 

• traffic or construction monitoring, 

• ecological, agricultural, or land management surveying, 

• infrastructure surveying, inspection, and improvement 

• area-specific communications (specifically FM radio, Wi-Fi, and cellular - in accordance 

with existing FCC guidance). 

Additionally, news-gathering organizations that would normally utilize fixed cameras, mobile 

ground camera crews, or manned aircraft in support of their news operations, would be able to 

receive transmitted video via Ascend Aerials' UAS's without risking aircrews during potentially 

hazardous situations, while also minimizing intrusion into the airspace above the situation of 

interest. 

Operating UASs under the limitations proposed by Ascend Aerials will avoid any risk of harm to 

pilots as well as persons and people on the ground that would be present during the operation of 

manned helicopters. UAS operations will also require a much smaller energy footprint than with 

manned helicopters. 

Operations limited to the United States 

Under the requested exemption, Ascend Aerials will operate its UASs within the United States, 

including over the territorial waters of the United States, and over the high seas provided it will 

remain within the U.S.-controlled Flight Information Region. 

Summary for Federal Register 

Should the FAA determine that publication of a summary is required, Ascend Aerials submits 

the following summary to be included in the Federal Register: 

Ascend Aerials seeks an exemption to operate the DJI Phantom 1, DJI Phantom 2, DJI 

Phantom 3, DJI Inspire One, DJI S900, DJI SlOOO, and 3DR Solo unmanned aircraft 

systems to perform commercial and emergency services. 

Sincerely, 

Copy to: Louie Northern