April 30, 2015

 Exemption No. 11111A

 Regulatory Docket No. FAA-2014-0506

Mr. Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway 

Suite 300 

Annapolis, Maryland 21401 

Dear Mr. Winton:

This letter is to inform you that we have granted your petition to amend Exemption No. 

11111. It explains the basis for our decision, describes its effect, and lists the revised

conditions and limitations.

By letters dated February 13, February 23, and February 25, 2015, you petitioned the Federal 

Aviation Administration (FAA) on behalf of Woolpert, Inc. (hereinafter petitioner or 

operator) for an amendment to Exemption No. 11111. That exemption from § 91.119(c) of 

Title 14, Code of Federal Regulations (14 CFR) allows the operation of the Woolpert Altavian 

Nova Block III for the purpose of precision aerial surveys. You requested an amendment 

to Conditions No. 27 for operations in proximity to an airport, No. 15 for Pilot in Command 

certifications, and No. 3 for altitude restrictions.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. 
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The Basis for Our Decision

The FAA has updated the conditions and limitations since the petitioner’s initial grant of 

exemption to those found in Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA2014-0642). Also in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. 

FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to 

VDOS Global, LLC (see Docket No. FAA−2014−0382), the FAA found that the enhanced 

safety achieved using an unmanned aircraft (UA) with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an amendment to an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of an amendment is in the public interest.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11111

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the 

Administrator, Woolpert, Inc. is granted an amendment to its exemption from 14 CFR §§ 

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), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

The conditions and limitations within Grant of Exemption No. 11111 have been superseded, 

and are amended as follows. 

In this grant of exemption, Woolpert, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Woolpert Altavian 

Nova Block III when weighing less than 55 pounds including payload. Proposed 
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operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 
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UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 
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flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request.
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24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not present 

an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. 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.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;
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b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or 

local officials to conduct the filming production event; the list of those who gave 

permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on December 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
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
2

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: 
5

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.
6

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.
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. FAA-2014-0506

WOOLPERT, INC.’S PETITION FOR AMENDMENT TO CONDITION AND 

LIMITATION NUMBER 15 OF GRANT OF EXEMPTION NO. 11111 AND

SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 CODE OF FEDERAL REGULATIONS SECTION 61.113(a) & (b)

Submitted on February 23, 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
2

Petitioner, Woolpert, Inc. (“Woolpert”), by and through undersigned counsel, pursuant to 

the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the Federal Aviation 

Administration (“FAA”) Modernization and Reform Act of 2012, Section 333, Special Rules for 

Certain Unmanned Aircraft Systems, hereby petitions the Administrator for an amendment to

Condition and Limitation number fifteen (15) of Grant of Exemption No. 11111 (Regulatory 

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

91.119(c) to the extent necessary to allow Woolpert to operate the Altavian Nova Block III 

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

Specifically, Woolpert seeks an amendment to Condition and Limitation number 15 of

Grant of Exemption No. 11111, which will grant relief from the regulatory requirements of 14 

C.F.R. § 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, to 

the extent necessary to allow a Pilot in Command (“PIC”) holding a private pilot certificate or 

higher and an appropriate airman medical certificate, and who has completed the Nova Block III

UAS training and currency requirements, to conduct the proposed UAS flight operations for 

compensation.

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

11111 and herein will ensure the safety of the National Airspace System (“NAS”), as well as the 

safety of persons or property on the ground.

In support thereof, Woolpert states as follows:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Woolpert, Inc.

4454 Idea Center Blvd.

Dayton, Ohio 45430
3

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

B. Woolpert Seeks An Amendment To Condition And Limitation Number 15 Of Grant 

Of Exemption No. 11111 And Exemption From The Requirements Of 14 C.F.R. § 

61.113(a) And (b).

Condition and Limitation number 15 of Grant of Exemption No. 11111 states the 

following:

15) The PIC must possess at least a FAA-issued commercial pilot certificate and a valid 

FAA-issued first or second class airman medical certificate. The PIC must also meet the 

flight review requirements specified in 14 C.F.R. 61.56 in an aircraft in which the PIC is 

rated on his or her pilot certificate.

Exemption No. 11111 at page 11, ¶15.

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

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

(PIC) of an aircraft that is carrying passengers or property for compensation or

hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

C. Extent of Relief Woolpert Seeks And The Reason Woolpert Seeks Amendment To 

Condition And Limitation Number 15 And Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: 

Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot 
4

certificate or higher and an appropriate airman medical certificate, and who has completed the 

Nova Block III UAS training and currency requirements, to conduct the proposed UAS flight 

operations for compensation.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state 

that a private pilot may, for compensation or hire, act as PIC 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.

As set forth more fully below, Woolpert submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the Nova Block III UAS unless that PIC 

has demonstrated, through the Nova Block III UAS training and currency requirements, that the 

PIC is able to safely operate the Nova Block III UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, as 

well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Woolpert submits that all flights of the Nova Block III UAS, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to Woolpert’s business; and (2) 

will not carry passengers or property for compensation or hire.

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 further the public interest as set forth by 

the Administrator in Grant of Exemption No. 11111. As the Administrator held in Grant of 

Exemption No. 11111 at page 8, the enhanced safety achieved using an unmanned aircraft 

(“UA”) with the specifications described by Woolpert and carrying no passengers or crew, rather 

than a manned aircraft of significantly greater proportions, carrying crew in addition to 

flammable fuel, gave the FAA good cause to find that Woolpert’s UAS operation is in the public 
5

interest. The Woolpert’s UAS operations 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. 

Woolpert’s proposed amendment not only furthers the public’s interest as set forth by the 

Administrator in Grant of Exemption No. 11111, it also is another step forward in fulfilling 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.

E. The Reasons Why Granting The Amendment Would Not Adversely Affect Safety, 

Or How The Amendment Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which Woolpert Seeks Exemption.

Woolpert submits that the equivalent level of safety established by Section 61.113(a) and 

(b) will be maintained because no PIC will be allowed to operate the Nova Block III UAS unless 

that PIC has demonstrated, through the Nova Block III UAS training and currency requirements,

that the PIC is able to safely operate the Nova Block III UAS in a manner consistent with Grant 

of Exemption No. 11111, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures.

Considering Woolpert’s area of operations and the conditions limitations set forth in 

Grant of Exemption No. 11111; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the Nova Block III UAS, Woolpert submits that the 

additional manned airmanship experience of a commercially certificated pilot would not 

correlate to the airmanship skills necessary for Woolpert’s specific flight operations.
6

Furthermore, Woolpert will continue to ensure that the PIC and Visual Observer (VO) 

meet all of the conditions and limitations set forth in Grant of Exemption No. 11111. 

Concerning PIC and VO training, experience, and currency requirements, Condition 16 of 

Exemption No. 11111 states as follows:

Prior to operating for hire, the PIC and VO must have successfully completed Woolpert’s 

training syllabus as outlined in the operator’s guide. In addition, the PIC and VO must 

also have successfully completed annual (recurrent) training in accordance with the 

operator’s guide. A record of training must be documented and made available upon 

request by the Administrator. Prior documented flight experience that was obtained in 

compliance with applicable regulations may satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under this grant of 

exemption to accomplish the required flights and flight time. 

Exemption No. 11111 at page 11, ¶16.

As such, a grant of this amendment would ensure an equivalent level of safety established by 

Section 61.113(a) and (b) because Woolpert will utilize a PIC holding a private pilot certificate 

or higher and an appropriate airman medical certificate, and who has completed the Nova Block 

III UAS training and currency requirements, to conduct the proposed UAS flight operations for 

compensation.

Additionally, the FAA has previously granted relief from Section 61.113(a) and (b)

specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11170, 11171, 11172).

As in Exemption No. 11109, Woolpert will not allow any PIC to operate the Nova Block 

III UAS unless that PIC has demonstrated through the Nova Block III UAS training and currency 

requirements, that the PIC is able to safely operate the Nova Block III UAS in a manner 

consistent with Grant of Exemption No. 111111, including evasive and emergency maneuvers 

and maintaining appropriate distances from people, vessels, vehicles and structures. 
7

The Nova Block III UAS training and currency requirements are set forth in the Woolpert

Nova UAS Operations Manual attached hereto as Exhibit A. Exhibit A contains proprietary 

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)1.

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 15 of Grant of 

Exemption No. 11111 to include an exemption from the requirements of 14 C.F.R Section

61.113(a)&(b).

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

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

Pilot in Command (PIC) holding a private pilot certificate or higher and an appropriate

airman medical certificate while conducting UAS aerial acquisitions and research within 

the National Airspace System (NAS).

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 

(FMRA) 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 an amendment to Grant of 

Exemption No. 11111 may be granted pursuant to the authority of FMRA Section 333 and 14 

C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

 

1 Exhibit A to this Petition contains proprietary information, and in accordance with 14 C.F.R. § 

11.35(b), is not to be included in the Federal Docket Management System (FDMS).
8

CONCLUSION

As set forth herein, Woolpert seeks an amendment to Grant of Exemption No. 11111 

pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA), to permit safe operation of the Nova Block III UAS commercially, as set forth in 

Grant of Exemption No. 11111, while utilizing a PIC holding a private pilot certificate or higher 

and an appropriate airman medical certificate. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012,

while also advancing the interests of the public, by allowing Woolpert to safely, efficiently, and 

economically operate the Nova Block III UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Woolpert respectfully requests that the 

Administrator grant this Petition for an amendment to Grant of Exemption No. 11111 for relief 

from the requirements of 14 C.F.R Section 61.113(a) & (b), and permit Woolpert to utilize a PIC 

holding a private pilot certificate or higher and an appropriate airman medical certificate while 

conducting UAS aerial acquisitions and research within the NAS.

Dated: February 23, 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

cc: James H. Williams, AFS-80 Attorneys for Petitioner 

Robert Pappas

Dean Griffith, Esq.
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. FAA-2014-0506

WOOLPERT, INC.’S PETITION FOR AMENDMENT TO CONDITION AND 

LIMITATION NUMBER 27 OF GRANT OF EXEMPTION NO. 11111 

Submitted on February 13, 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
2

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, Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator for an amendment to the 

conditions and limitations of Grant Of Exemption No. 11111 (Regulatory Docket No. FAA2014-0506), which granted to Woolpert an exemption from 14 C.F.R § 91.119(c) to the extent 

necessary to allow Woolpert to operate the Altavian Nova Block III unmanned aircraft system 

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

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

necessary to allow Woolpert to operate the Nova Block III UAS within five (5) nautical miles 

of an airport reference point as denoted on a current FAA-published aeronautical chart if a letter 

of agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a Notice To Airmen (“NOTAM”) as required by the operator’s Certificate of 

Authorization (“COA”). 

Woolpert submits that the conditions and limitations set forth in Exemption No. 11111 

and herein will ensure the safety of the National Airspace System (“NAS”), as well as the safety 

of persons or property on the ground.

In support thereof, Woolpert states as follows:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Woolpert, Inc.

4454 Idea Center Blvd.

Dayton, Ohio 45430
3

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

B. Woolpert Seeks To Amend Condition and Limitation No. 27 Of Grant Of 

Exemption No. 11111.

Condition and Limitation No. 27 of Exemption No. 11111 states the following:

The Nova Block III UA may not operate within 5 nautical miles of the geographic 

center of an airport as denoted on a current FAA-published aeronautical chart.

Exemption No. 11111 at page 12, ¶27.

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

To Amend Condition And Limitation No. 27.

Woolpert submits that Condition and Limitation No. 27 be amended as follows:

The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

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

No. FAA-2014-0506) did not request operation of the Nova Block III UA within 5 nautical miles 

of an airport reference point as denoted on a current FAA-published aeronautical chart. 

However, Woolpert proposes that it may safely operate the Nova Block III UA within 5

nautical miles of an airport reference point as denoted on a current FAA-published aeronautical 

chart if: (1) a letter of agreement with that airport’s management is obtained; (2) the operation is 

conducted in accordance with a Notice to Airmen (“NOTAM”) as required by Woolpert’s 
4

Certificate of Authorization (“COA”); and (3) the letter of agreement with the airport 

management is made available to the Administrator upon request.

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 further the public interest as set forth by 

the Administrator in Exemption No. 11111. As the Administrator held in Exemption No. 11111

at page 8, the enhanced safety achieved using an unmanned aircraft (“UA”) with the 

specifications described by Woolpert and carrying no passengers or crew, rather than a manned 

aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, is good 

cause to find that Woolpert’s UAS operation is in the public interest. Woolpert’s UAS 

operations 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. 

Woolpert’s proposed amendment not only furthers the public’s interest as set forth by the 

Administrator in Exemption No. 11111, it also is another step forward in fulfilling 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.

E. The Reasons Why Granting An Amendment To Condition And Limitation No. 27 

Would Not Adversely Affect Safety.

Woolpert proposes that it may safely operate the Nova Block III UA within 5 nautical 

miles of an airport reference point as denoted on a current FAA-published aeronautical chart 

because: (1) a letter of agreement with that airport’s management is obtained; (2) the operation is 

conducted in accordance with a NOTAM as required by Woolpert’s Certificate of Authorization 
5

(“COA”); and (3) the letter of agreement with the airport management is made available to the 

Administrator upon request.

Woolpert respectfully submits that an equivalent level of safety as presented in 

Exemption No. 11111 will be maintained because no operations within 5 nautical miles of an 

airport reference point as denoted on a current FAA-published aeronautical chart will be 

conducted without first gaining airport management’s approval. As such, airport management 

will be aware of Woolpert UAS operations in the NAS and will be able to ensure safe operations. 

Furthermore, all users of the NAS will be fully aware of Woolpert’s operation of the Nova Block 

III UAS, as the operation is conducted in accordance with a NOTAM as required by Woolpert’s 

COA. 

Additionally, the FAA has previously issued a condition and limitation identical to 

Woolpert’s proposed amendment in Grants of Exemption specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11161, 11160, 

11159, 11158, 11157, 11153, and 11150).

Woolpert further submits that safety will be ensured as all other conditions and 

limitations within Exemption No. 11111 will remain in effect.

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 27 of 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 five (5) nautical miles of an airport reference point 

as denoted on a current FAA-published aeronautical chart if: (1) a letter of agreement 

with that airport’s management is obtained; (2) the operation is conducted in accordance 

with a Notice to Airmen (“NOTAM”) as required by Woolpert’s Certificate of 
6

Authorization (“COA”); and (3) the letter of agreement with the airport management is 

made available to the Administrator upon request.

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 and the FAA 

Modernization and Reform Act of 2012, Section 333, Woolpert respectfully requests that the 

Administrator grant this Petition for an amendment to Exemption No. 11111 to the extent 

necessary to allow Woolpert to operate the Nova Block III UAS within five (5) nautical miles 

of an airport reference point as denoted on a current FAA-published aeronautical chart if a letter 

of agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a Notice To Airmen (“NOTAM”) as required by the operator’s Certificate of 

Authorization (“COA”). 
7

Dated: February 13, 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.