Navigator CS, LLC - Petition to Amend Exemption No. 11658 to Revise Condition and Limitation No. 26 1

NAVIGATOR CS, LLC 

Chart a Course to Project Success

November 11, 2015 

U. S. Department of Transportation 

Docket Management System 

Washington, DC 20590 

Re: Request to Amend Exemption No. 11658, FAA Docket No. FAA-2015-0546, to Revise Condition 

and Limitation No. 26

Dear Sir or Madam: 

Pursuant to 14 Code of Federal Regulations (14 CFR) part 11 and Section 333 of the Federal Aviation 

Administration (FAA) Modernization and Reform Act of 2012 (Public Law 112-95), Navigator CS, LLC 

(“Navigator”) hereby requests that our Exemption No. 11658 (FAA Docket No. FAA-2015-0546) granted 

on May 22, 2015, be amended as follows:

A. Revise Condition and Limitation No. 26 to allow operations as close as 50 feet from 

nonparticipating persons, vessels, vehicles, and structures.

Navigator seeks relief from the same regulations for which relief was granted under Exemption No. 11658

and is committed to carrying the expanded operations and to operate the additional UAS with the same 

level of safety that it has exercised under its current Exemption. 

Navigator will continue to ensure that its UAS operations do not create a hazard to the users of the national 

airspace or the public, or pose a threat to national security. Navigator’s operations will ensure privacy, as 

they will continue to take place over private or controlled access property with the prior consent and 

knowledge of the property owner and/or the authority having jurisdiction. Images taken will be of 

individuals who have consented to being filmed or otherwise have agreed to be in the area where

aerial imagery will take place. Navigator UAS operations will continue to be of benefit to the public. 

A. Petitioner

The name of the petitioner is:

Navigator CS, LLC

1523 Kinnaird Ter NE 

Leesburg, VA 20176

Point of Contact: Gladys M. Miller, M.S., M.B.A., P.M.P

Sr. Project Engineer

Phone No.: 703-568-7780

Email: gmiller@navigatorcs.com
Navigator CS, LLC - Petition to Amend Exemption No. 11658 to Revise Condition and Limitation No. 26

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B. Request to amend Condition and Limitation No. 26 to allow operations as close as 50 

feet from nonparticipating persons, vessels, vehicles, and structures.

Condition and Limitation No. 26 of Navigator’s Exemption No. 11658 states the following: 

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.

The above Condition and Limitation is in line with the worst case scenario where UAS weighing 55 lbs 

operate at airspeeds of 87 knots (100 mph), at an altitude of 400 feet AGL, which are the maximum weight, 

airspeed and operating altitude allowed by the FAA for UAS under Condition and Limitation Nos. 1, 3 and 

4, respectively. 

Under separate cover, Navigator has submitted a petition requesting that its Exemption be amended to add 

other UAS models and to expand intended uses. The takeoff weight of Navigator’s currently authorized 

UAS is 6.5 lbs. The heaviest UAS for which Navigator is seeking authorization has a takeoff weight of 7.5 

lbs. Navigator generally operates its UAS at speeds of less than 10 knots (11.5 mph), although they can fly 

faster, and at typical altitudes of 100 to 160 feet AGL, during daytime, within visual line of sight of both a 

fully-trained certificated Pilot-In-Command and a Visual Observer. In addition, Navigator’s current and all 

proposed aircraft have flight controls that incorporate the ability to create geo-fences to restrict the flight,

and most have “return-home” capabilities that automatically engage in case of a lost signal.

Prior to each flight event, Navigator performs an assessment of the operating environment to identify risks 

to persons and/or property in the immediate vicinity both on the surface and in the air. This assessment 

includes identifying conditions that could pose a hazard to the operations of the UAS and conditions in 

which the operation of the UAS could pose a hazard to other aircraft, persons, or property. This assessment 

involves:

 Assessment of the local airspace and applicable flight restrictions, and identification of actions 

required to obtain authorization to fly the local airspace; 

 Identification of ground or aerial hazards such as power lines;

 Knowledge of the operating environment and of the location of persons and/or property on the 

ground, and actions that must be taken to ensure their safety;

 Assessment of local weather conditions;

 Identification of adequate landing areas and/or ways to improve areas for landing;

 If operations will take place closer than 500 ft from vessels, vehicles and/or structures, 

identification of the risks involved and mitigating actions.

The risks identified during the assessment are documented, along with a rating of the probability of
Navigator CS, LLC - Petition to Amend Exemption No. 11658 to Revise Condition and Limitation No. 26

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occurrence and the actions that Navigator will take to minimize the risk. In addition, prior to each flight 

event, the PIC reviews the safety actions prescribed by the FAA for pre-identified risks. These are shown 

in Table 1.

Table 1: FAA Mandated Actions for Risks Presented by UAS Operations

Risk Description FAA Mandated Action

1. The aircraft loses link control.

The aircraft has a failsafe mechanism that will make the 

aircraft Return To Home (RTH), in the event that link 

control is lost for 3 or more seconds. The Home Point 

will be reset prior to each take-off.

2. The aircraft loses GPS signal (if flying in GPS 

mode).

PIC must return the aircraft to a pre-determined location 

within the private or controlled-access property.

3. The aircraft experiences equipment 

malfunction.

PIC must return the aircraft to a pre-determined location 

within the private or controlled-access property. If 

deemed impossible or unsafe to attempt to return to predetermined landing location, PIC shall immediately land 

aircraft at the specified Flight Termination Point (FTP) 

or, if that is not practical or safe, at a site that ensures 

the safety of all involved.

4.

Unexpected persons, obstacles or emergencies 

jeopardize the safety of persons or property on 

the ground or in the air.

The PIC must halt or cancel flight activities. If the 

aircraft is in the air, it must be landed in a manner that 

ensures the safety of persons or property on the ground 

or in the air.

5. The aircraft encounters other air traffic.

The aircraft must remain clear and give way to all 

manned aviation operations and activities at all times. In 

the event of unforeseen air traffic, the PIC will give way 

and land the aircraft in a manner that ensures the safety 

of persons or property on the ground or in the air.

6.

Nonparticipating persons leave protected area 

and are within 500 feet of the unmanned 

aircraft

The PIC must cease flight operations in a manner that 

ensures the safety of all involved.

The light weight, low airspeed and operating altitude of Navigator’s UAS, coupled with the safety

provisions instituted by Navigator for its UAS operations significantly reduce the risk posed by

Navigator’s UAS operations, particularly when compared with other categories of aircraft that weigh

more, fly higher, and are faster. As an example, crop dusting aircraft weighing in excess of 

20,000 lbs. and flying at speeds exceeding 150 mph while carrying highly flammable fuel 

and agricultural chemicals, are not required to even notify, much less obtain permission, 

from non-participating persons, or owners of vessels, vehicles or structures within any 

distance of the operational site, except perhaps to file a congested area flight plan if the 

pilot deems appropriate. Because the safety requirements needed to protect persons, vessels, 

vehicles, and structures are significantly reduced for Navigator’s UAS operations, and are 

insignificant compared to crop dusters and helicopters, Navigator CS, LLC respectfully 

requests that the operating distance from nonparticipating persons, vessels, vehicles, and 

structures contained in Condition and Limitation No. 26 of its Exemption be reduced from 

500 ft to 50 ft. 
Navigator CS, LLC - Petition to Amend Exemption No. 11658 to Revise Condition and Limitation No. 26

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C. Summary for publication in the Federal Register

Pursuant to 14 CFR 11, Navigator provides the following Summary for publication in the 

Federal Register, should the FAA determine that publication is needed.

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In accordance with 14 CFR Part 11 and Section 333 of Public Law 112-95 (the 2012 Reform Act) Navigator CS, LLC 

(“Navigator”) seeks an amendment to Exemption No. 11658 granted on May 22, 2015, to revise Condition and 

Limitation No. 26 to reduce the minimum operating distance of its Unmanned Aircraft System (UAS) from 

nonparticipating persons, vessels, vehicles, and structures, from 500 feet to 50 feet, to read as follows:

26. All Flight operations must be conducted at least 50 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 

50 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.

The 500-ft distance prescribed in Condition and Limitation No. 26 of Navigator’s Exemption No. 11658 is in line with 

the worst case scenario where UAS weighing 55 lbs operate at airspeeds of 87 knots (100 mph), at an altitude of 400 

feet AGL, which are the maximum weight, airspeed and operating altitude allowed by the FAA for UAS under 

Condition and Limitation Nos. 1, 3 and 4, respectively. 

Navigator’s UAS have takeoff weights of 7.5 lbs or less and are generally operated at speeds of less than 10 knots 

(11.5 mph), at typical altitudes of 100 to 160 feet AGL, during daytime, within visual line of sight of both a fullytrained certificated Pilot-In-Command and a Visual Observer. The light weight, low airspeed and operating altitude

of Navigator’s UAS, coupled with the safety provisions instituted by Navigator for its UAS operations

significantly reduce the risk posed by i t s UAS operations when compared with other categories of aircraft that

weigh more, fly higher, and are faster. The decrease on minimum operating distance from 500 feet to 

50 feet reflects the reduced risk posed by Navigator’s UAS operations. Approval of this petition will 

allow Navigator to safely, efficiently, and economically operate UAS to obtain aerial images and data in support of 

civil operations. 

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We trust that this petition is self-explanatory; however, should you have any questions or comments, 

or need further clarification, please do not hesitate to contact me by phone at (703)568-7780 or by email to gmiller@navigatorcs.com.

Very truly yours,

Gladys M. Miller

Gladys M. Miller, M.S., M.B.A., P.M.P.

Senior Project Engineer

703-568-7780

We are a Service Disabled Veteran Owned Small Business