UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. FAA-2014-0506

WOOLPERT, INC.’S PETITION FOR AMENDMENT CONCERNING 

CONDITION AND LIMITATION NUMBER 3 TO GRANT OF EXEMPTION NO. 11111 

Submitted on February 25, 2015

GREGORY S. WINTON, ESQ.

JARED M. ALLEN, ESQ.

THE AVIATION LAW FIRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorneys for Petitioner
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Petitioner, Woolpert, Inc. (“Woolpert”), 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 an amendment to 

Condition and Limitation number three (3) to Grant of Exemption No. 11111 (Regulatory 

Docket No. FAA-2014-0506), which granted Woolpert an exemption from 14 C.F.R § 91.119(c) 

to the extent necessary to allow operation of the Altavian Nova Block III unmanned aircraft 

system (“UAS”) for the special purpose of conducting precision aerial surveys. 

Specifically, Woolpert seeks an amendment to Grant of Exemption No. 11111 to the 

extent necessary to allow operation of the Nova Block III UAS within the National Airspace 

System (“NAS”) at an altitude of no more than 500 feet above ground level (AGL).

Woolpert submits that the conditions and limitations set forth in Grant of Exemption No. 

11111, in addition to those set forth below, will ensure the safety of the NAS, as well as the 

safety of persons and property on the ground.

In support thereof, Woolpert states the following:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Woolpert, Inc.

4454 Idea Center Blvd.

Dayton, Ohio 45430

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

Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway, Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550 | Fax: (866) 568-9886

Email: Greg@aviationlawexperts.com
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B. Woolpert Seeks To Amend Condition and Limitation Number 3 To Grant Of 

Exemption No. 11111.

Condition and Limitation number 3 to Grant of Exemption No. 11111 states the 

following:

The Nova Block III UA must be operated at an altitude of no more than 400 feet above 

ground level (AGL). All altitudes reported to ATC must be in feet.

Grant of Exemption No. 11111 at page 9, ¶3.

C. Extent Of The Amendment That Woolpert Seeks And The Reason Woolpert Seeks 

To Amend Condition And Limitation Number 3.

Woolpert submits that Condition and Limitation number 3 to Grant of Exemption 

No. 11111 be amended as follows:

The Nova Block III UA must be operated at an altitude of no more than 500 feet above 

ground level (AGL). All altitudes reported to ATC must be in feet.

This relief is requested because Woolpert’s original Petition For Exemption (Regulatory 

Docket No. FAA-2014-0506) sought operation of the Nova Block III UA at an altitude of no 

more than 400 AGL. However, as set forth more fully below, Woolpert proposes that it may 

safely operate the Nova Block III UA at an altitude of no more than 500 feet AGL, because most 

manned aircraft operations take place above 500 feet AGL. As such, any potential traffic 

conflict between the Nova Block III UA and manned aircraft is highly improbable and unlikely.

 By operating the Nova Block III UAS at an altitude of 500 feet AGL or below, Woolpert 

will be able to provide additional cost-effective aerial acquisition services that are not 

technologically feasible to perform when the Nova Block III UAS is limited to an altitude of 400 

feet AGL. Specifically, Woolpert must operate the Nova Block III UAS at an altitude of 500 

feet AGL while performing certain aerial acquisition operations in order to achieve the correct 

base to height ratio necessary to obtain the desired imagery using the Nova Block III UA’s 

mapping payload.
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D. The Reasons Why Granting Woolpert’s Request For Amendment Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present petition for amendment will continue to further the public interest 

as set forth in Grant of Exemption No. 11111 at page 8, in which the Administrator found good 

cause for Woolpert’s proposed UAS operation because enhanced safety will be achieved by 

using an unmanned aircraft with the specifications described by Woolpert, 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. Woolpert’s proposed UAS operations, at or below 

500 feet AGL, will provide benefits to agriculture, science, the environment, wildlife monitoring, 

forestry, and energy. Furthermore, the benefits of Woolpert’s proposed operation of the Nova 

Block III UAS will be realized without implicating any privacy issues. 

Granting of Woolpert’s proposed amendment will fulfill the Congressional mandate of 

the FAA Modernization and Reform Act of 2012, by allowing Woolpert to safely, efficiently, 

and economically operate the Nova Block III UAS commercially within the NAS at or below 

500 feet AGL.

E. The Reasons Why Granting An Amendment To Condition And Limitation 

Number 3 Would Not Adversely Affect Safety.

Woolpert proposes that it may safely operate the Nova Block III UA at an altitude of no 

more than 500 feet AGL, because the majority of manned aircraft operations within the national 

airspace system take place at altitudes above 500 feet AGL. Specifically, pursuant to the Federal 

Aviation Regulations (14 C.F.R part 91), manned aircraft operations conducted over uncongested 

areas must be flown at an altitude above 500 feet AGL, while manned aircraft operations 

conducted over congested areas must be flown at an even higher altitude1. Thus, a 500-foot 

 

1

14 C.F.R. §91.119, entitled Minimum safe altitudes, states the following, in part: 
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altitude ceiling for operation of the Nova Block III UAS would necessarily create a safety buffer 

between the unmanned aircraft and the manned aircraft, while operating together within the 

NAS.

In the FAA’s recently published notice of proposed rulemaking (NPRM) entitled 

Operation and Certification of Small Unmanned Aircraft Systems (80 Fed. Reg. 9544-February 

23, 2015), concerning specific rules (14 C.F.R. part 107) to allow the operation of small 

unmanned aircraft systems in the NAS, the agency proposed 500 feet AGL as the vertical areaof-operation boundary, because most manned aircraft operations take place above 500 feet AGL.

Specifically, the FAA stated the following, in relevant part:

Next, we turn to the vertical boundary of the confined area of operation. With regard to 

the vertical boundary, the FAA proposes, in § 107.51(b), to set an altitude ceiling of 500 

feet above ground level (AGL) for small UAS operations that would be subject to this 

proposed rule. The FAA chose to propose 500 feet as the vertical area-of-operation 

boundary because most manned aircraft operations take place above 500 feet. 

Specifically, most manned aircraft operations conducted over uncongested areas must be 

flown at an altitude above 500 feet AGL, while most manned aircraft operations 

conducted over congested areas must be flown at an even higher altitude. Thus, a 500-

foot altitude ceiling for small UAS operations would create a buffer between a small 

unmanned aircraft and most manned aircraft flying in the NAS.

The FAA notes that while most manned aircraft operations fly above the 500-foot ceiling 

proposed in this rule, there are some manned-aircraft operations that could fly below this 

altitude. For example, aerial applicators, helicopter air ambulance services, and military 

operations conducted on military training routes often fly at an altitude below 500 feet. 

However, even though some manned aircraft operations take place at an altitude below 

 

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 

feet of the aircraft.

(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.
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500 feet, there is significantly less air traffic at or below 500 feet than there is above 500 

feet altitude. As a result of this difference in air-traffic density, the FAA has determined 

that small UAS operations would not pose a significant risk to manned aircraft operations 

taking place below 500 feet altitude if proper precautions are taken by the small UAS 

operator.

80 Fed. Reg. 9543 (2015)

As such, Woolpert respectfully submits that an equivalent level of safety will be 

maintained, as presented in Grant of Exemption No. 11111, because all other conditions and 

limitations will remain in effect, which ensures that no risk is posed to any manned aircraft 

operations taking place below 500 feet AGL. 

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Woolpert Seeks Exemption:

Woolpert, Inc. seeks to amend Condition and Limitation number three to Grant of

Exemption No. 11111.

A Brief Description Of The Nature Of The Exemption Woolpert Seeks:

This amendment to Grant of Exemption No. 11111 will permit Woolpert, Inc. to safely 

operate the Nova Block III UA within the National Airspace System (NAS) at an altitude 

of no more than 500 feet above ground level (AGL).

G. Any Additional Information, Views, Or Arguments Available To Support 

Woolpert’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, Woolpert’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, Woolpert respectfully requests that 

the Administrator grant this Petition for amendment to Grant of Exemption No. 11111, to the 
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extent necessary to allow Woolpert to operate the Nova Block III UAS within the NAS at an 

altitude of no more than 500 feet AGL.

Dated: February 25, 2015

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________

Gregory S. Winton, Esq.

Jared M. Allen, Esq. 

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

Attorneys for Petitioner 

cc: James H. Williams, AFS-80

Robert Pappas

Dean Griffith, Esq.