May 18,2015 United States Department ofTransportation 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 ofAscend Aerials LLC under Section 333 ofthe FAA Modernization and Reform Act, 49 U.S.C

. 44701(£), and 14 C.F

.R. Part 11 On behalfofAscend 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 ofthe 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 S1000, 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 respectf ully 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 ofmarketing, 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 1 1333 New Hampshire Avenue. N.W

. Washington , D.C

. 20036
-1564 202

.887.4000 fax 202

.887.4288

**a~1ngump** comAscend Aerials Petition for Exemption May 18,20 15 Page2of7

in order to provide the aforementioned services at a fraction oftraditional operating costs. This savings is at the heart ofAscend Aerials' mission focus, and the operation ofUAS 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 ornoadverse effecton 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 ofteclmological capabilities to demonstrate its airworthiness. In the event ofa 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 ofthe 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 ofpower, the UAVs are designed to perf01m a vertical hard landing with propellers providing stabilizing resistance during descent. Ifthe UAV 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 withAscend 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 subjectto such conditions. Each UAV (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 exemptionto Clayco, ExemptionNo. 11109, at page 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use ofa 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 ofAscend 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 ofoperations, 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 ofwork accomplished, and the signature ofthe 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 ofsight ofthe 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 ifthe pilot command input is in-conflict, or

1Manufacturer 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 briefperiods of time, within the battery capacity ofthe UAS. The remote control transmitter/receiver combinations will work within the 2.4 GHz and 5.8 Ghz FCC-approved ranges. UAV 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 ofsafety is achieved by the UAS-specific experience ofits 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 ofthe particular UAV, and flown the particular UAV for at least 10 hours. Ascend Aerials recognizes the FAA'sposition 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 ofParts 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 ofsafety, and does not make sense as a matter ofpublic 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 ofits 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 safetyfactor for the limited operationsproposed by thepetitioner to be the airmanship skills acquiredAscend Aerials Petition for Exemption May 18,2015 Page 5 of7
through VAS-specificflight cycles,flight time, and specific make andmodel experience, culminating in verificationthrough 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 ofoperating 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 reliefandrevise the standardterm on P

JC certification to permit Ascend Aerials to use pilots who have successfully completed commercial UAS training and have also gainedflying 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 ofsight ofthe 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 organizationrequires 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 ofcollision 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, AscendAerials requests that the standard term on altitude be revised to permit AscendAerials to operate its UASs higher than 400.feetAGL when authorizedbyAir Traffic Control

. Ascend Aerials will also notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles ofan 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 closerthan 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 ofpersons. 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 ofthe UASs and that the UASs will be operated within the visual line ofsight ofthe pilot and an observer, Ascend Aerials submits that its operational limitations provides an equivalent level ofsafety to thatprovided in section 91.119

. For news gathering operations as well as for emergency services support,AscendAerials 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 onthe ground. Public interest Ascend Aerials' UAS operations will substantially benefitpublic and private organizations which have an interest in gathering critical information

- atmospheric, situational, etc.

- to support their operations. Depending onthe 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 orbiohazards 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 oftheir 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 ofharm 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 limitedto the UnitedStates Under the requested exemption, Ascend Aerials will operate its UASs within the United States, including over the territorial waters ofthe United States, and overthe high seas provided it will remain within the U.S.-controlled Flight Information Region. Summary for FederalRegister Should the FAA determine thatpublication ofa 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