UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GEOWING MAPPING , INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE ALTAVIAN NOVA F6500 UNMANNED AI RCRAFT SYSTEM

PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on February 27 , 2015

G REGORY S

. W INTON , E SQ

. J ARED M. A LLEN , E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Excha nge Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SUMMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4

BACKGROUND

................................ ................................ ................................ ................. 4

BASIS FOR PETITION

................................ ................................ ................................ ...... 6

NAME AND ADDRESS OF PETITIONER

................................ ................................ . 8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GEOWING MAPPING

, INC. SEEKS EXEMPTION

................................ ................................ .......................... 9

THE EXTENT OF RELIEF GEOWING MAPPING , INC. SEEKS AND THE REASON GEOWING MAPPING , INC. SEEKS THE RELIEF

................................ 1 2

THE REASONS WHY GRAN TING GEOWING MAPPING

, INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ............................... 1 5

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 9

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 4 0

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVA ILABLE TO SUPPORT GEOWING MAPPING , INC. 'S REQUEST

................................ ....... 4 0

CONCLUSION

................................ ................................ ................................ ................. 413 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organ ization

AV Aerial Vehicle

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Grou nd Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airm e n

PIC Pilot I n Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Proc edures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of S i ght

VMC Visual Meteorological Conditions

VO Visual Observer4 SUMMARY

GeoWing Mapping , I nc

. seeks exemption from the requirements of 14 C.F.R. §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b) , to operate an Unmanned Aircraft System pursuant to Section 333 of the

FAA Moderni zation and Reform Act of 2012 (FMRA)

. This exem ption will permit GeoWing

Mapping , Inc. to operate an Unmanned Aircraft System (UA S ) for the commercial purpose of

conducting aerial acquisitions and research within the National Airspace System ( NAS )

.

INTR ODUCTION AND INTERESTS OF THE PETITIONER

GeoWing Mapping , Inc. (hereinafter referred to as “ GeoWing ”) is focused on providing

solutions for utilizing unmanned aircraft to safely and efficiently collect data that i s precise,

accurate, and timely. G eoWing ’ s mission is to use unmanned aircraft to simplify and increase

the effectiveness of data collection in: Natural Resources and Conservation, Construction and

Infrastructure, Precision Agriculture, and Inspection and Monitoring.

As set forth in this Petition, GeoWing seeks to commercially operate its Altavian Nova

F6500 UAS within the NAS for the purpose of conducting aerial acquisitions and research

.

BACKGROUND

Unmanned Aircraft System: Altavian Nova F6500 UAS

GeoWing seeks an exemption to operate the Altavian Nova F6500 UAS (also known as

the Nova Block III UAS )

, for compensation or hire within the N ational A irspace S ystem

(“NAS”)

. The Nova F6500 UAS is comprised of an amphibious unmanned aircraft (UA) and a
transportable ground control station. The Nova F6500 UA has a maximum gross weight of

approximately fifteen (15) pounds , while having a wingspan of 108 inches and a length of 655

inches . The Nova F65 00 UA is equipped with a single propeller driven by a Lithium Polymer

battery powered electric motor.

The Nova F6500 UA that will be operated by GeoWing will be registered in accord ance

with 49 U.S.C. 44103

, Registration of Aircraft

, as well as 14 C.F.R

. Part 47, Aircraft

Registration
, and marked in accordance with 14 C.F.R. Part 45

, Identification and Registration

Marking

.

Figure 1 : T he Nova F6500 UA

. Previous Sec. 333 Grant Of Exe mption and the Proven Operational History of the Nova F6500 UAS

On December 10, 2014, Woolpert, Inc. was granted two exemption s pursuant to Sec. 333

,
FMRA, to commercially operate the Nova F6500 UAS (also known as the Nova Block III ) for

the purpose of conducting precision aerial surveys over certain rural areas of the state of Ohio

(Regulatory Docket No. FAA

- 2014

- 0506, Exemption No. 111 1 1) and Ship Island, Mississippi

(Regulatory Docket No. FAA

- 2014

- 0398, Exemption No. 11114)

. As such, the Nova F65006

U AS has already been granted exemptions pursuant to Sec. 333 , FMRA, to operate commercially

in the NAS for the purpose of performing aerial acquisitions.

In addition to receiving an Airworthiness Release Qualification Level 3 from the U.S.

Army, the Nova F6500 UAS is currently operating safely with in the NAS pursuant to

a pproximately fifteen ( 1 5 ) Certificates of Authorization (“COA”) gra nted by the Federal

Aviation Administration (“ FAA ”) to Middle Tennessee State University ; Sinclair Community

College in Dayton, Ohio ; the U

. S

. Army Corps of Engineers ( Jacksonville District and Mobile

District ) ; Mississippi State University for the Pearl River Basin ; and the University of Florida

. The U.S. Army Corp s of Engineers will be operating the Nova F6500 UAS pu rsuant to

additional COA s in the foreseeable future

, pending approval by the FAA

.

BASIS FOR PETITION

Petitioner, GeoWing Mapping, Inc.

, by and through undersigned counsel, pursuant to the

provisions of t he Federal Aviation Regulations ( 14 C.F.R. § 11.6 1) and the FAA Modernization

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby petitions the Administrator to operate the Nova F6500 UAS within the National Airspace

System (NAS)

, and for an exemption from the requirements of 14 C.F.R

. §§ 61.113(a) & (b),

91.7(a), 91.121, 91.151(a)(1)

, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) &

(b )

.

I n consideration of the size, weight, speed, and limited operating area associated with the

unmanned aircraft and its operation, GeoWing ’s operation of the Nova F6500 UAS meets the

conditions of Section 333 and will not require an airworthiness certificate in accordance with 14

C.F.R. P art 21, Subpart H.7

Therefore, GeoWing requests relief from Sections 91.405 (a), 91.407(a)(1), 91.409(a)(1)

& (a)(2), 91.417(a) & (b), as these sections set forth requirements for maintenance that only

apply to aircraft with an airworthiness certificate.

GeoWing submits that the requested relief is proper since a n equivalent le vel of safety

will be ensured

. GeoWing will use its technicians to perform maintenance, alteration s , or
preventive maintenance on the unmanned aircraft system using the methods, techniques, and

practices prescribed in the manufacturer’s maintenance manual . Furthermore, GeoWing will

document and maintain all maintenance records for the Nova F6500 UAS.

Relief from certain requirements of Section 61.113(a) and (b) , entitled Private pilot

privileges and limitations: Pilot in command

, is requested by GeoWin g to the extent necessary to

allow a Pilot in Command ( PIC ) holding a private pilot certificate and a n airman medical

certificate, and who has completed the Nova F6500 UAS training and currency requirements, to

conduct the proposed UAS operation s

. GeoWing submits that the conditions and limitations set

forth herein will ensure the safety of the NAS, as well as the safety of persons or property on the

ground.

GeoWing seeks relief from Section 91.7(a) , entitled Civil aircraft airworthiness , becau se

the Nova F6500 UAS does not require an airworthiness certificate in accordance with 14 C.F.R.

P art 21, Subpart H. As such, GeoWing submits that it will ensure that the Nova F6500 UAS is in

an airworthy condition

, prior to every flight

, by determining t hat the UAS is in compliance with

the Nova F6500 UAS Operator Manual, the Nova Family of Systems Operations Manual, and

the Nova F6500 UAS Maintenance Manual, and that the UA is in condition for safe flight.

GeoWing also seeks an exemption from the requir ements of Section 91.121, entitled

Altimeter Settings , because the altitude reporting equipment of the Nova F6500 UAS is set to a8

pressure level of zero feet above ground level (AGL), rather than local barometric pressure or

field altitude, before each fli ght. The altitude information of the Nova F6500 UA is provided to

the PIC via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a

radio communications telemetry data link, which downlinks from the UA to the GCS for active

monitor ing of the flight path. A level of safety equivalent to Section 91.121 will be ensured as

the altitude of the Nova F6500 UA will be reported to air traffic control (ATC) in feet AGL, and

GeoWing will operate the Nova F6500 UA within visual line of sight, a t or below 400 feet AGL.

GeoWing also seeks an exemption from the requirements of Section 91.151(a)(1)

, Fuel

requirements for flight in VFR conditions

. GeoWing submits that safety will not be affected by

terminating flights of the battery powered Nova F6 500 UA after 8 0 minutes of continuous

operation

, with 10 minutes remaining batter y power

.
In accordance with 14 C.F.R. § 11.81, GeoWing provides the following information in

support of its petition for exemption :

A. Name A nd Address Of T he Petitioner.

T he name and address of the Petitioner is:

GeoWing Mapping, Inc. 71 Stevenson Street, Suite 400 San Francisco, CA 94105

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

Gregory S. Winton, Esq. The Aviation La w Firm 1997 Annapolis Exchange Parkway

, Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 | Fax: (866) 568

- 9886 Ema il: Greg@aviationlawexperts.com9

B. The Specific Sections Of 14 C.F.R. From Which GeoWing Seeks Exemption.

1. GeoWing Seeks Exempti on From The Requirements Of Section 61.113(a) And (b).

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

,

subsections (a) and (b) prescribe th e following, in part:

( a) No person who holds a private pilot certificate ma y 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 a n 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.

2. GeoWing Seeks Exemption From The Req uirements Of Section 91.7(a).

Section 91. 7, entitled Civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. GeoWing Seeks Exemption From The Requireme nts Of Section 91.121.

Section 91.121 , entitled Altimeter settings , subsection (a), states the following, in relevant

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

--
(1) Below 18,000 feet MSL, to

--
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or10 (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimete r settin g available before departure;

4

. GeoWing Seeks Exemption From The Requirements Of Section 91.151 (a)(1)

.

Section 91.151

, entitled Fuel requirements for flight in VFR conditions

, subsection (a)(1),

state s the following:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

--
(1) During the day, to fly after that for at lea st 30 minutes [.]

5

. GeoWing Seeks Exemption F rom T he R equirement O f Section 91.405(a)

.

Section 91. 405

, entitled Maintenance required

, subsection ( a )

, states the follow ing :
Each owner or operator of an aircraft

—
(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter [.]

6

. GeoWing Seeks Exemption F rom The Requirements Of Section 91.407(a)(1)

.

Section 91. 407

, entitled Operation after maintenance, preventive mainte nance,
rebuilding, or alteration , subsection (a)(1)

, state s the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive

m aintenance, rebuilding, or alteration unless

--
(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter [.]

7

. GeoWing Seeks Exemption F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 9 1.409

, entitled Inspections , subsection (a)

, state s the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--11 (1) An annual inspection in accord ance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8

. GeoWing S eeks Exemption From The Requirements Of Section s 91.417(a) A nd 91.417 (b)

.

Section 91.417

, entitled Maintenance records , subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or a pproved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--
(i) A description (or reference to data acceptable to the Administrator) of the wor k performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in serv ice of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.12 (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the f ollowing records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in pa ragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are re paired and the aircraft is approved for return to service.

C

. The Extent Of Relief GeoWing Seeks And The R eason GeoWing Seeks The Relief

.

1. Extent of Relief GeoWing Seeks And The Reason GeoWing Seeks Relief From Section 61.113(a) And (b)

.

Relief f rom 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

certificate and a n airman medical certificate, and who has completed the Nova F6500 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 o r 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.13

As set forth more ful ly below, GeoWing submits that an equivalent level of saf ety will be

maintained because no PIC will be allowed to operate the Nova F6500 UAS unless that PIC has

demonstrated

, through the Nova F6500 UAS training and currency requirements

, that the PIC is

ab le to safely operate the Nova F6500 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 str uctures.

Further, GeoWing submits that all flights of the Nova F6500 UAS, conducted by the PIC

pursuan t to the grant of this Petition will be : (1) incidental to GeoWing ’s business; and (2) not

carry passengers or property for compensation or hire.

2. Extent of Relief GeoWing Seeks And The Reason GeoWing Seeks Relief From Section 91. 7(a)

.

R elief from Section 91. 7( a) , entitled Civil aircraft airworthiness , is requested to the

extent required to allow GeoWing to determine that the Nova F6500 UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in compliance with the Nova F6500

UAS Operator Manual , the Nova Family of Systems Operations Manual , and the Nova F6500

UAS Maintenance Manual , and that the UA is in condition for safe flight. Copies of the

manuals , which contain proprietary information, are attached hereto as Exhibit s A, B, and C,

respectively, and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) .

GeoWing seeks the requested relief because the Nova F6500 UAS does not require an

airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H. Therefore, GeoWing

will ensure that the Nova F6500 UAS is in an airworthy condition based up on its compliance

with the operating documents prior to every flight, and as stated in the conditions and limitations

below.14

3. Extent of Relief GeoWing Seeks And The Reason GeoWing Seeks Relief From Section 91. 121

.
Relief from Section 91.121, entitled Altimeter settings , may be required to allow flig ht

operations of the Nova F6500 UAS, because the Nova F6500 UA’s altitude reporting equipment

may be set on the ground to a pressure level of zero feet AGL, rather than local barometric

pressure or field altitude, before each flight. The Nova F6500 UAS ut ilizes a barometric

pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink

altitude information from the UA to the PIC at the ground control station ( GCS )

. Considering the limited altitude of the proposed operations, relief from 14 C

. F

. R

. §

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations

stated below. As more fully set forth herein

, a level of safety equivalent to Section 91.121 will

be ensured as the altitude of the N ova F6500 UA will be reported to air traffic control (ATC) in

feet above ground level (AGL), and GeoWing will operate the Nova F6500 UA within visual

line of sight, at or below 400 feet AGL.

4

. Extent O f Relief GeoWing Seeks And The Reason GeoWing Seeks R elief From Section 91.151(a) (1)

.

R elief from Section 91.151(a)(1) is requested to the extent required to allow flights of the

battery powered Nova F6500 UA during daylight hours in visual flight rules ( VFR ) conditions to

continue for a total duration of 80 minutes

, with 10 minutes of battery power remaining

. GeoWing seeks the requested relief because without an exemption from Section 91.151(a)(1),

the flight time duration of the battery power ed Nova F6500 UA will be reduced by one third,

which would severely constrain the practicality of any aerial acquisition and research operations

that GeoWing propose s to conduct pursuant to this Petition.15

Significantly, as set forth below, the technical specifications of the Nova F6500 UAS, the

Nova F6500 UAS o perating documents , and GeoWing ’s proposed operating limitations

, ensure

that GeoWing will safely operate the battery powered Nova F6500 UA during daylight hours in

VFR conditions for a total duration of 8 0 minutes, with 10 minutes of battery power remaini ng.

5

. Extent O f Relief GeoWing Seeks And The Reaso n GeoWing Seek s Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only

a pply to aircraft wit h an airworthiness certificate, GeoWing requests relief from these Sections

because the Nova F6500 UAS does not require an airworthiness certificate. A s set forth more
fully below, the Nova F6500 UAS meets the conditions of Section 333 for operation without an

airworthiness certificate

. Accordingly, GeoWing will use technicians to perform maintenance,

alteration s , or preventive maintenance on the unmanned aircraft system using the methods,

techniques, and practices prescribed in the ma nufacturer’s maintenance manual

. Furthermore,

GeoWing w ill document and maintain all maintenance records for the Nova F6500 UAS.

D

. The Reasons Why Granting GeoWing ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public A s A Whole

.

Gr anting the present Petition will further the public interest by allowing GeoWing to

safely, efficiently, and economically perform aerial acquisition s and research within the NAS

, commercially, in support of government entities, agriculture, scientific studies, wildlife

monitoring, forestry, and the oil and gas industries. Additionally, use of the Nova F6500 UAS

will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of th e proposed operation of the Nova F6500 UAS will be

realized without implicating any privacy issues.16

1. The Public Will Benefit From The Aerial Acquisition And Research Performed.

GeoWing submits this Petition to commercially operate the Nova F65 00 UAS and

perform aerial acquisition and research within the NAS , in support of government entities,

agriculture, scientific studies, wildlife monitoring, forestry, mining, and the oil and gas

industries. The Nova F6500 UAS will provide safe, efficient, a nd economical aerial acquisition

and research operations to further each of these fields, all of which are critical to the well

- being

of the general public.

The specific operations that GeoWing will perform with the Nova F6500 UAS

demonstrate how the requ ested exemption will directly benefit the above

- refere nced industries

and the public. In agriculture, the aerial acquisition performed by the Nova F6500 UAS will be

used to predict crop yields, research and prevent crop dis ease, and increase crop yields. I n the oil

and gas industry, the Nova F6500 UAS will be used to aid in facility inspections, surveying and

planning new worksites, volumetric analysis, and pe rforming right of way analysis. The Nova

F6500 UAS will also further environmental management by re searching invasive species,

mapping deforestation, and surveying point source pollution.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Nova F6500 UA is battery powered and serves as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

of a Nova F6500 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and

air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing a ircraft will be reduced. The Nova17

F6500 UA does not require an airport to takeoff or land. Likewise, a reduction of manned

aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by

air traffic control during the gr ound, takeoff, departure, arrival, and landing phases of flight

operations.

3

. The Public Will Benefit From The Safety And Efficiency Of The Nova F6500 UAS.

Conducting aerial acquisitions with the Nova F6500 UAS

, instead of manned aircraft

, will g reatly benefit the public by drastically reducing the levels of air and noise pollution generated

during traditional aerial survey flight operations. By using battery power and an electric motor, the

Nova F6500 UA S produces no air pollution, and is the mo st viable environmentally conscious

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are

typically utilized for aerial acquisitions, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The Nova F6500 UA, while reducing the carbon footprint of aerial

acquisitions , also eliminates noise pollution

, as its battery powered electric motor is barely audible

during the take

- off phase, and cannot be heard when operating more than 100 feet above groun d

level.

By using the Nova F6500 UAS to perform aerial acquisitions, the substantial risk to life

and property in the air and on the ground , which is usually associated with traditional manned

aircraft flight operations

, will be substantially reduced or completely eliminated

. Aside from the

lack of aircrew members located onboard the aircraft, the Nova F6500 UA (weighing

approximately fifteen (15) pounds at its maximum gross weight with a wingspan of 108 inches and

a length of 65 inches, with no fuel on board)

, has less physical potential for collateral damage to

life and property on the ground

, and in the air

, compared to the manned aircraft that typically18

conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of

appr oximatel y 40 feet, a length of 3 4 feet, and a fuel capacity of 180 gallons).

4

. Performing Aerial Acquisition Operations With The Nova F6500 UAS Will Benefit The Economy.

In addition to being safe and efficient, the Nova F6500 UAS is also an economical

al ternative to using manned aircraft to conduct aerial acquisitions . As such, operation of the

Nova F6500 UAS will allow United States based companies , like GeoWing

, to remain

co mpetitive and contribute to growth of the U .S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“ EPA ”) regulatory actions phasing out

leaded fuels, U.S. owned and operated companies must adopt new and alternative technology in

order to remain competitive. Operating the battery po wered Nova F6500 UA S is one such

technology that not only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the Nov a F6500 UAS , companies such as GeoWing can remain competitive

and profitable, and therefore provide greater job stability to employees and contractors, which

will ultimately contribute to growth of the U.S. economy. Improved financial performance of

U.S. companies

, through commercial use of the Nova F6500 UAS

, provides a stable workforce

that increases consumer spending; improves local, state, and federal tax revenues; and allows

companies to invest in research and development in order to remain competitiv e both in the

United States and abroad.

5

. There Are No Privacy Issues

.

Like the manned aerial acquisition flight operations that have been conducted for

d ecades

, the proposed operation of the Nova F6500 UAS will not implicate any privacy issues.19

Specifi cally, the Nova F6500 UAS will be operated in accordance with operating limitations set

forth herein and the Federal Aviation Regulations, including the minimum altitude requirements

of 14 C.F.R. § 91.119. Most significantly

, the Nova F6500 UAS will not be operated closer

than 500 feet to any person, vessel, vehicle, or structure

, which is not directly involved in the

operation

.

E

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safe ty At Least Equal To That Provided By The Rule From Which GeoWing Seeks Exemption.

1. Reasons Why The Nova F6 500 UAS Meets The Conditions Of The FAA Modernizatio n and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, sp eed, and limited operating area associated with the

unmanned aircraft and its operation, GeoWing ’s operation of the Nova F6500 UAS meets the

conditions of FMRA Section 333

, and will not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for UAS to operate without airworthiness certification and

sets for th requirements for considering whether a UAS will create a hazard to users of the NAS

or the public

, or otherwise pose a threat to nationa l security. Specifically, FMRA Section 333

states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unman ned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to ai rports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and20 (2) whether a certificate of waiver, certificate of authorizati on, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airspace system.

I n seeking this exemption, Geo Wing submits that the Nova F6500 UAS can operate

safely in the NAS pursuant to FMRA Section 333, as demonstrated by : ( a ) the safe operational

history and current use of the Nova F6500 UAS in the NAS ; ( b ) the characteristics of the Nova

F6500 UAS ; ( c ) the p rivate pilot certification requirement; and ( d ) the specific operating

limitations

.

a . T he Nova F6500 UAS Has A Proven History O f Operation In The

NAS Pursuant To A Certificate Of Authorization (“COA”).

The Nova F6500 UAS has already been granted exemptions pursuant to Sec. 333 to

operate commercially in the NAS for the purpose of performing aerial acquisitions. On

December 10, 2014, Woolpert, Inc. was granted two exemptions pursuant to Sec. 333 to

commercially operate the Nova F6500 UAS (also kn own as the Nova Block III) for the purpose

of precision aerial surveys over certain rural areas located within the state of Ohio (Regulatory

Docket No. FAA

- 2014

- 0506, Exemption No. 11111) and Ship Island, Mississippi (Regulatory

Docket No. FAA

- 2014

- 0398, E xemption No. 11114).

In addition to receiving an Airworthiness Release Qualification Level 3 from the U.S.

Army, the Nova F6500 UAS is currently operating safely within the NAS pursuant to

approximately fifteen (15) Certificates of Authorization (“COA”) granted by the Federal

Aviation Administration (“FAA”) to Middle Tennessee State University ; Sinclair Community

College in Dayton, Ohio ; the U

. S

. Army Corps of Engineers ( Jacksonville District and Mobile21

District); Mississippi State University for the Pearl River Basin ; and the University of Florida

. The U.S. Army Corps of Engineers will be operating the Nova F6500 UAS pursuant to

additional COAs in the foreseeable future, pending approval by the FAA.

b

. The Specifications Of The Nova F6500 UAS Dem onstrate Its Safe Characteristics.

The Nova F6500 UAS does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational

capability.

i

. Technical Spec ifications Of T he Nova F6500 UAS

.

Unmanned Aircraft System The Nova F6500 is an Unmanned Aircraft System that is comprised

of an amphibious unmanned aircraft and a transportable ground station.

Unmanned Aircraft Dimensions Wingspan: 108 in.

Length : 65 in.

Engine (Propulsive Unit) Engine (Propulsive Unit)

(1) Altavian Inc. P/N : 30027 (Electric) FAA Engine Type Cert: None Propulsive Unit Type: 25V, 11 Amp Hour c apacity, Lithium ion battery powered, direct drive electric motor

Motor, Ele ctric Sub

- Assembly: Manufacturer: NeuMotor Model: 1509 2.0 HP Peak Power Direct Drive 10 oz. Wt.

Motor, Controller Sub

- Assembly: Manufacturer: Castle Creation Model: Phoenix Ice 100 Type: Speed Controller 100 Amps Maximum 4.6 oz. Wt.22 Motor, Battery: Ma nufacturer: MaxAmps, Inc

. Type: Lithium Ion 11 Amp hour 22.2V (nominal)

Fuel Not A pplicable.

NOTE: The Nova F6500 UAS is powered by a Lithium Polymer rechargeable battery, Altavian P/N 30142

.

E ngine (Propulsive Unit) Limits Maximum Power Output: 2 .0 HP

Maximum RPM: 60,000 RPM (reduced to a propeller RPM of 7,200) Maximum Motor Temperature: 170 °F ( 7 7 °C) NOTE : The motor temperature is not displayed to the operator

. Maximum motor, controller sub

- assembly temperature: 194 °F (90 °C) Minimum volta ge, motor battery during pre

- flight engine run up after 3 sec

. at max throttle: 22.6V

Propeller and Propeller Limits (1) Altavian Inc

. P/N 30360

FAA Propeller Type Certificate: None Propeller Type: 2

- blade, hinged (folding), carbon fiber reinforced pl astic, fixed pitch, tractor

Propeller Sub

- Assembly : Manufacturer: Aeronaut Model: CAM 15x13 Diameter (Nominal): 15 in

.

Battery Command & Control Nova Air Vehicle Battery P / N 30142 powers the motor, and battery

command and control

.

Airspeed Limits Vne (Never Exceed Speed) 58 knot (30 m/s)

Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) Va (Maneuvering Speed) 48 knots (25 m/s) Landing Speed: 27 knots (14 m/s)23

Empty Weight C.G. Range 20.2

– 21.7 inches aft of datum

Datum Front of M otor Case

Mean Aerodynamic Chord (MAC) 13 in

. long with leading edge 21.2 in

. from nose

Leveling Means Not A pplicable

.

Maximum Weights Ramp 15 lbs

.

Takeoff 15 lbs

. Landing 15 lbs

.

Empty Weight 8.35 lbs.

NOTE : Empty Weight Excludes weig ht of battery and payload modules

.

Frequencies 902

- 928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE : FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized, u plink, downlink, and vi deo are all on 2.4 Ghz.

Computer Software Avionics embedded processor

, P/N 30138

Minimum Crew (1) The Nova F6500 UAS can be operated by a single operator.24

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil C apacity Not Applicable.

Max. Operating Altitude 1

, 2 00 ft

. AGL

Control Surface Movements Wing Flaps N/A

Aileron Up 30 ° Down 30 °

“V” tail elevator action Up 60° Down 60 °

“V” tail rudder ac tion Up 60° Down 60 °

“V” tail max. combination Rudder elevator action Up 60° Down 60 °

Nominal Endurance 90 minutes above 32 °F (0 °C) 45 minutes below 32 °F (0 °C)

Ambient Outside Air Temperature (OAT) Maximum OAT: 120 ° F (49 ° C) Minimum OAT At Altitude:

- 20 ° F (

- 29 ° C )

Wind Limitation 19 knots

Maintenance This Nova F6500 UAS must be maintained in accordance with the

manufacturer’s m aintenance m anual, or later FAA accepted revision

.25 ii

. The Nova F6500 UAS Autonomous Flight A nd Navigation Modes Enable T he UAS To Rema in Within A De fined O perational A rea.

A complete description of the au tonomous modes and methods of navigation for the

Nova F6500 UAS is provided in the Nova F6500 UAS Operator Manual at p a g e s 7

- 2 t h r o u g h 7

-

4 . A copy of the Nova F6500 UAS Operator Manual, which contains proprietary information, is

attached hereto as Exhibit A , and is to be held in a separate file p ursuant to 14 C.F.R. §

11.35(b) 1

.

iii

. The Nova F6500 UAS Is D esigned For Complete Autonomy F rom Launch To L anding Even In The Unlikely Event Of Loss Of The Control Link Or Navigation.

Although a degradation or loss of the control link

, and / or degradation or loss of the

source of navigation , is unlikely, it is a situation that is well planned for and therefore, is a

benign event . The Nova F6500 UA is designed for complete autonomy from launch to landing

with a line of sight operator in the loop monitoring the airframe.

T he Nova F6500 unmanned aircraft ( UA ) uses a two

- stage failsafe approach for all

avionics failure condi tions

, including the event of a loss of communications (“Lost Link”). Upon

loss of the communication signal, the Nova F6500 UA will attempt to reacquire the link. If after

10 seconds the link has not been reacquired , the Nova F6500 UA will continue to at tempt to

reacquire the link while maintaining the current altitude and navigating to the home waypoint,

which is the same as the location of the ground control station. Once at the home way point, the

Nova F6500 UA will loiter while continuing its attempt to reacquire the link for 300 s econds (to

allow for rebooting o f the ground control station, if needed). The Nova F6500 UA will then

continue to attempt to re

- acquire the link while it navigates through the landing procedure.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS).26

The landing procedure for L os t L ink is identical to a normal landing procedure. The

Nova F6500 UA will descend from “minimum safe altitude” to a breakout altitude (site specific)

while continuing to lo iter around the rally point. Once at the breakout altitude, the Nova F6500

UA w ill depart the loiter along a tangential path toward the touchdown spot. The Nova F6500

UA will descend on glide slope from the tangent point to the touchdown spot, slowing down to

flair speed (12m/s) in the final moments before touchdown and automaticall y flare 3 m eters

above the ground.

Loss of GPS signal will result in a two tiered recovery approach. Upon loss of a GPS

signal, the Nova F6500 UA will immediately enter a loiter orbit in an attempt to reacquire a

signal. If after 15 seconds, GPS is not reacquired, the UA will enter tier two. At any time in tier

one or two, the operator can take over with augmented control and utilize its onboard

magnetometer to navigate back to the home waypoint through dead

- reckoning. During this

failure mode, the obs erver will call out UA position and movement back to the operator. Once

the UA is close enough to resolve orientation

, or if operating with a live video payload, the

operator can engage manual control and perform a manual landing at the pre

- decided landin g

site.

If a cascade of failures has occurred and L ost

- L ink has also occurred during tier two

, the

Nova F6500 UA will enter into a loiter

- land procedure; descending in a loiter while reducing

speed until contact with the ground at flair speed. During th is decent, the Nova F6500 UA is still

in controlled flight and at touchdown the forward speed should not exceeded 11 m/s with the

propeller off, minimizing damage to anything that the Nova F6500 UA may c ontact

.

The Nova F6500 UAS Operator Manual at Chapte r 9 “Emergency Procedures” fully

describes the features of the Nova F6500 UA and sets forth the unmanned aircraft’s operation in27

the event of a power loss, loss of communications, loss GPS, loss of video link, or software

crash. A copy of Nova F6500 UA S O perator Manual , which contains proprietary information, is

attached hereto as Exhibit A , and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

iv . The Nova F6500 Ground Control Station And Its Operation.

A complete description of the operation and specifications of the ground control station

( GCS ) and flight control software for the Nova F6500 UAS is provided in the Nova F6500 UAS

Operator Manual at Chapter 2 . A complete overview of the features and operation of the GCS

software is provided at Chapter 7

. A copy of the Nova F6500 UAS Operator Manual, which

contains proprietary information, is attached hereto as Exhibit A , and is to be held in a separate

file pursuant to 14 C.F.R. § 11.35(b)

.

v. Safe Mobile Operation Of The Nova F6500 UAS.

T he Nova F6500 UAS may be safely operated by a Pilot in Command ( PIC ) and safety

observer co

- located with a GCS on a mobile vehicle or watercraft , in order to efficiently perform

aerial acquisition operations of large areas

. As set forth in the Nova Family of Systems

Operations Manual at page 6

- 4

, additional limitations and requirements apply to mobile

operations of the Nova F6500 UAS , including the following :
The driver/operator of the vehicle must be licensed and fully understand his/her r ole in the operation.

The mobile vehicle must be organized and clear of any unnecessary debris prior to the operation.

Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by the team. Each team member must use ap propriate safety restraint equipment, and such equipment should not interfere with safe flight.

The PIC must have ready communication with the driver/operator of the vehicle as well as the safety o bserver.28

GCS software must be configured for constant upd ating of GCS position on the map overlay, and the PIC must be kept aware of vehicle position. The GCS must be mounted or fixed to the vehicle to ensure that no excess movement will shift the GCS during operations.

The route of the moving vehicle must be d etermined prior to operation and the PIC must ensure that no part of the route will obscure the safety o bserver’s view of the vehicle or cause any physical obstacles or obstructions to any member of the flight team.

The Area of Interest (AOI) must be larg e enough to warrant mobile operations, and the aircraft cannot be allowed to exit the AOI under any circumstance. The only change to the standard operating procedures ( SOP’s ) with mobile operations must be an update of the LOL ( Loss of Link ) site. Mobile operations are only permitted if suitable LOL sites are within 500 ft. of the PIC at all times. The entire AOI must also meet the “sterile environment” of a static site as described on page 4

- 4 of the Operations Manual

, otherwise mobile operations are proh ibited.

A copy of the Nova Family of Systems Operations Manual , which contains propriet ar y

information

, is attached hereto as Exhibit B , and is to be held in a separate file pursuant to 14

C.F.R. § 11.35(b).

c . Flight Operations Of The Nova F6500 UAS Are Limited To The Line Of Sight Of A Certificated Private Pilot i n Command With A Safety Observer.

GeoWing will only utilize certificated Private Pilot s who possess a valid a irman m edical

c ertificate to act as a pilot in command of the Nova F6500 UAS . Additionally, a safety observe

will assist all pilots during flight operations

. Additionally, both the pilot in com mand and safety

observer must complete the Nova Operators Course and meet the experience requirements as set

forth in the Nova Family of Systems Operations Manual

. A copy of the Nova Family of Systems

Operations Manual , which contains propriet ar y information

, is attached hereto as Exhibit B , and

is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).29 d. Flight s Will B e Conducted Pursuant To S pec ific Operating L imitations.

In seeking this exemption, GeoWing proposes to commercially ope rate the Nova F6500

UAS for the special purpose of conducting aerial acquisitions within the NAS

, pursuant to the

following specific operating limitations:

1) Operations authorized by the grant of exemption will be limited to the following aircraft describ ed in the operating documents

, which is a fixed

- wing aircraft weighing less than 15 pounds: Altavian N ova F6500. Proposed operations of any other aircraft will require a new petition or a petition to amend the grant.

2) The Nova F6500 UA may not be flow n at an indicated airspeed exceeding 58 knots.

3) The Nova F6500 UA must be operated at an altitude of no more than 1

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

4) The Nova F6500 UA must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all ti mes. 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.

5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC al ways maintains VLOS capability. The VO and PIC must be able to com municate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of th e flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

6) The operating documents and th e grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption 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 u pdated an d revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendm ent to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amend ment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating docu ments.30

7) Prior to each flight

, the PIC must inspect the Nova F6500 UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the Nova F6500 UAS, the Nova F6500 UA is prohibited from ope rating until the necessary maintenance has been performed and the Nova F6500 UAS is found to be in a condition for safe flight. The Nova F6500 Ground Control Station must be includ ed in the preflight inspection. All maintenance and alterations must be pr operly documented in the aircraft records.

8) Any Nova F6500 UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must un dergo a functional test flight. The PIC who cond ucts the functional test flight must make an entry in the Nova F6500 UA aircraft record of the flight.

9) In addition to the pre

- flight inspection section in the operating documents, the preflight inspection must also account for all discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

10) The operator must follow the Nova F6500 manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and li fe limit requirements.

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in accordanc e with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including t otal flight hours, description of work accomplished, and the signature of the authorized Nova F6500 maintenance personnel or PIC returning the Nova F6500 to service.

12) The operator’s Nova F6500 authorized maintenance personnel or PIC must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections.

13) The operator’s Nova F5600 authorized m aintenance p ersonnel

, PIC and VO must receive and document training referenced in the operating documents.

14) The UAS operated under the exemption must comply with all manufacturer System and Safety Bulletins.

15) The PIC must possess at least a FAA

- issued private pilot certificate and a valid FAA

issued airman medical certifica te. 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.

16) Prior to operating for hire, the PIC and VO must have successfully completed Altavian’s training syllabus as outlined in the operating documents. In addition, the PIC and VO must also have successfully completed annual (recurrent) training in accordanc e with the operating documents. A record of training must be documented and made available upo n request by the Administrator. Training, proficiency, and experience

-31

building flights for the purpose of training pilots and VOs to conduct flights authorized by the exemption are permitted under the terms of the exemption.

17) If the Nova F6500 UA loses communications or loses its GPS signal, it must return to
a pre

- determined location within the planned operating area and land

, or be recovered in accordance with the operating documents.

18) The PIC must abort the flight in the event of unpredicte d obstacles or emergencies pursuant to the operating documents.

19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the opera tor to request a Notice to Airm e n (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

20) The Nova F6500 UA operated in accordance with the exemption must be identified by serial number , registered in accordance with 14 C

. F

. R

. part 47, and have identification (N

- Number) markings in accordance with 14 C

. F

. R

. part 45, Subpart C.

21) Before conducting operations, the radio frequency spectrum used for operation and control of the Nova F6500 UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

22) The documents required under14 C

. F

. R

. §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the Nova F6500 UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

23) The Nova F6500 UA must remain clear and yield the right of way to all other aircraft operatio ns and activities at all times.

24) If t he Nova F6500 UAS is operated from a moving device or vehicle

, the operation must be in accordance with the operating documents.

25) Nova F6500 UAS operations may not be conducted during night, as defined in 14 C

. F

. R

. § 1.1.

26) All operations must be conducted under visual meteorological conditions (VMC). The Nova F6500 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 mile s from the PIC.

27) During operations in the National Airspace System , the UA ma y not operate within 5 nautical miles of the geographic center of an airport as den oted on a current FAA

published aeronautical chart unless a letter of agreement wi th that a irport’s management is obtained, and the operation is conducted in accorda nce with a NOTAM as required by32

the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

28) The Nova F6500 UA may not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, a eronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe altitudes required by 14 C.F.R. § 91.119.

2 9 ) Operation of the Nova F6500 UA must be conducted at least 500 feet from a ll persons, vessels, vehicles, and structures not directly involved in the operation.

30 ) Operations of the UA may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with th e special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, are permitted when operationally necessary; but never so close as to present an undue hazard, per 14 C.F.R. § 91 .119(a).

3 1 ) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessm ent of the risk from operations closer to these objects.

32 ) All operations shall be conducted with permission from the land owner/controlle r or authorized representative. Permission from the land owner/controller or authorized representative will be obtain ed for each flight to be conducted.

3 3 ) 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 O ffice (AFS

- 80 ) within 24 hours. Accidents meeting the requirements of 49 C

. F

. R

. part 830 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requiremen ts Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

GeoWing submits that an 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 F6500 UA S unless

that PI C has demonstrated

, through the Nova F6500 UA S training and currency requirements

, that the PIC is able to safely operate the Nova F6500 UA S in a manner consistent with this33

exemption, including evasive and emergency maneuvers and maintaining appropriate d istances

from people, vessels, vehicles and structures.

Considering GeoWing ’s proposed area of operations and the operating limitations set

forth

- above ; 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 F6500 UA S

, GeoWing submits that the additional manned airmanship

experience of a commercially certificated pilot would not correlate to the airmanship sk ills

necessary for GeoWing ’s specific proposed flight operations.

Additionally, t he 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.

Exemp tion Nos

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

11136, 11138, 11150, 11153, 1115 6, 11158, 11159, 11160, 11161, 11170, 11171, 11172, 11174,

11176, 11177, 11178, 11185, 11188 ).

As in Exemption No. 11109, GeoWing will not allow any PIC to operate the Nova F6500

UA S un less that PIC has demonstrated through the Nova F6500 UA S training and currency

requirements that the PIC is able to safely operate the Nova F6500 UA S in a manner consistent

with this exemption, including evasive and emergency maneuvers and maintaining app ropriate

distances from people, vessels, vehicles and structures.

A complete description of the Nova F6500 UA S Training and Qualification requirements

is set forth at page s 3

- 5 through 3

- 6 of t he Nova Family of Systems Operations Manual

, attached

hereto as Exhibit B. Exhibit B contains proprietary information and is to be held in a separate

file pursuant to 14 C.F.R. § 11.35(b).34

3. Reasons Why An Exemption Fr om The Requirements Of Section 91. 7(a) Would Not Adversely Affect Safety.

The level of safety established by Section 91.7(a) will be maintained because prior to

every flight, GeoWing will ensure that the Nova F6500 UAS is in an airworthy condition and

safe for flight based up on the Nova F6500 UAS’s compliance with its operating documents (i.e.,

th e Nova F6500 UAS Operator Manual, the Nova Family of Systems Operations Manual, and

the Nova F6500 UAS Maintenance Manual ) and as stated in the conditions and limitations

herein

. Additionally, t he FAA has previously granted relief from Section 91. 7(a) , sp ecific 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, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172,

11174, 11177, 11178, 11185, 11188 ).

4. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because

the altitude of the Nova F6 500 UA will be reported to air traffic control (ATC) in feet above

ground level (AGL), and GeoWing will operate the Nova F6500 UA within visual line of sight,

at or below 400 feet AGL. Furthermore, the altitude information of the Nova F6500 UA will be

pro vided to the PIC via a barometric pressure sensor, GPS equipment and a radio

communications telemetry data link, which downlinks from the UA to the GCS for active

monitoring of the flight path and altitude. Prior to each flight, a zero altitude initiation point is

establish ed at ground level.35

T he FAA has previously granted relief from Section 91.121 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, 111 12, 11136, 11138, 11150, 11153,

11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11177,

11178, 11185, 11188 ).

5

. Reasons Why An Exemption From The Requirements Of Section 91.151(a)(1) Would Not Adversely Affect Safety.

A grant of this exempt ion would ensure the level of safety established by 14 C.F.R.

Section 91.151(a)(1) because the technical specifications of the Nova F6500 UAS, the Nova

Operations Manual, and GeoWing ’s proposed operating limitations ensure that GeoWing may
safely operate the batte ry powered Nova F6500 UA during daylight hours in V MC for 80

minutes, landing with 10 minutes of battery power remaining

. Furthermore, previous

exemptions granted by the FAA concerning Section 91

. 151(a)(1) establish that safety is not

adversely affected w hen the technical characteristics and operating li mitations of a UAS are

considered.

T he Nova F6500 UA is powered by a Lithium Ion 11 Amp hour, 22.2V battery, and is

protected by two low battery failsafes , while the ground control station (GCS) provides a b attery

i ndicator on the heads

- up display

, which indicates the Nova F6500 UA’s current remaining

battery power measured in volts , providing the PIC with constant awareness of the real

- time

battery voltage during a flight.

The two low battery failsafes th at protect the Nova F6500 UA are a “Low AV 2 battery”

failsafe and a “ Critically low AV battery” failsafe. The “ Low AV battery ” fa ilsafe flies the UA

to the location of the ground control station (GCS)

, or identified Rally point

, when the UA

2 The Nova F6500 UAS Operator Manual d efines “AV” as “Aerial Vehicle.”36

battery reache s a certain threshold of time as configured by the operator ( or 20.4V )

. The

“ Critically low AV battery ” s huts the propulsion motor off and lands the UA at its current

location

. This failsafe is triggered if the battery drops below the critical battery vol tage as

configured by the operator ( or 19.4V )

.
Furthermore, an e xemption from th e r equirements o f Section 91.151(a)(1) would not

adversely affect safety because GeoWing will only conduct flights during daylight hours in

VMC, with the duration of each fligh t not to exceed 80 minutes, as set forth by the Nova Family

of Systems Operations Manual. A copy of the Nova Family of Systems Operations Manual,

which contains proprietary information, is attached hereto as Exhibit B , and is to be held in a

separate file pursuant to 14 C.F.R. § 11.35(b).

Likewise, as set forth above, GeoWing has proposed specific operating limitations in this

Petition that will maintain the level of safety established by Section 91.151(a)(1), including the

following : (1) t he Nova F6500 U A will only be operated during daylight hours (i.e. between the

end of morning civil twilight and the beginning of evening civil twilight, as published in the

American Air Almanac, converted to local time) ; (2) Nova F6500 UA will only be operated

pursuant to visual flight r ules (VFR) in visual meteorological conditions (VMC) ; and (3 ) t he

duration of each flight shall not exceed 8 0 minutes

. Significantly, previous exemptions granted by the FAA concerning Section 91.151(a)(1)

establish that safety is not adv ersely affected when the technical characteristics and operating

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at

less than the minimums prescribed in Section 91.151(a), including Exemption Nos. 2689, 5745,

and 10650. Moreover, the FAA has previously granted relief from Section 91.151

, specific to

UAS

, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption37

Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109,

11110, 11136, 11138, 11150, 11153, 11156, 11157, 111 58, 11159, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188 ).

6

. Reasons Why An Exemption From The Requirements Of Sections 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Ge oWing submits that the level of safety with regard to the

regulatory maintenance and alteration requirements established by Sections 91.405(a),

91.407(a)(1), 91.409( a)(1) & (a)(2), 91.417(a) & (b) will be met because GeoWing

, will use its

trained technicia ns to perform maintenance, alteration s , or preventive maintenance on the

unmanned aircraft system using the methods, techniques, and practices prescribed in the

manufacturer’s maintenance m anual. Furthermore, GeoWing will document and maintain all

mainten ance records for the Nova F6500 UAS.

Since the Nova F6500 UAS will be inspected as prescribed by t he manufacturer’s

m aintenance m anual, GeoWing will maintain the level of safety established by Section s

91.405(a)

, 91.409(a)(1)

, and 91.409(a)(2)

. The Nov a F6500 Maintenance Manual sets forth

Scheduled Maintenance Inspection Procedures for each system and component. I nspection

intervals for the Nova F6500 UAS include preflight and post flight inspections , as well as

scheduled inspections every 25 hours, 50 hours, 75 hours, and 100 hours.

Likewise, the exemption sought will not adversely affect safety because GeoWing will

perform maintenance, alteration s or preventive maintenance on the unmanned aircraft system

using the methods, techniques, and practices prescribed by t he manufacturer’s m aintenance

m anual

. The Nova F6500 Maintenance Manual detail s procedures for each component of the38

unmanned aircraft, including the c omponents of the p ropulsion system, a vionics system, payload

system, fuselage system, wi ng, and tail.

A copy of the Nova F6500 Maintenance Manual, which contains proprietary information,

is attached hereto as Exhibit C , and is to be held in a separate file pursuant to 14 C.F.R. §

11.35(b).

Furthermore, the exemption sought would mainta in the level o f safety established by

Sections 91.407, 91.417(a) and 91.417(b) because a ll maintenance o f the Nova F6500 UAS will

be performed by Altavian trained technicians, who will document and maintain maintenance

records for the Nova F6500 UAS. Alta vian trained technicians are qualified to conduct any and

all maintenance to ensure the safe operation of the Nova family of UAS , conduct all service

inspections, and authorize the use of each vehicle in the Nova family of UAS based upon

completion of appr opriate inspections. See Nova Family of Systems Operations Manual

, Exhibit

B
, at page 3

- 4

. Pursuant to the Nova Family of Systems Operations Manual and the Nova F6500

Maintenance Manual, a Maintenance Action Form must be completed and saved in the

m ainte nance logs for all maintenance that is performed on the UAS. The procedures for

maintaining the maintenance logs for the UAS are fully set forth in the Nova Family of Systems

Oper ations Manual, Exhibit B , at Chapter 5, and the Nova F6500 Maintenance Manua l , Exhibit

C , at Chapter 5.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely

affected when the technical characteristics and op erating limitations of a UAS are considered.

T he FAA has previously granted relief specific to UAS in circumstances similar, in all material

respects, to those presented herein ( e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,39

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

11160, 11161, 11166, 11167, 111 70, 11171, 11172, 11174, 11176, 11177, 11178, 11185,

11188 ).

7

. T he FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Sec tion 333 of the FAA Modernization and Ref orm Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, GeoWing requests that the FAA

prescribe special conditions for the intended operation of the Nova F6500 UAS , which contain

such safety standards that the Administrator finds necessar y to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R

. §§ 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b) . Such special conditions will

permit safe operation of the u nmanned aircraft for the limited purpose of conducting aerial

acquisitions within the NAS

. FMRA Sec tion 333 sets forth the requirem ents for considering

whether a UAS will create a hazard to users of the NAS or the public

, or otherwise pose a threat

to nat ional security; and further, provides the authority for such UAS to operate without

airworthiness certification in accordance with any requirements that must be established for the

safe operation of the aircraft systems in the NAS

.

Likewise , the Adminis trator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16

, for operation of the Nova F6500 UAS

, since the airworthiness regulations of 14 C.F.R.

Part 21 do not contain adequate o r appropriate safety standards

, due to the novel or unusual

desig n features of the aircraft . Section 21.16, entitled Special Conditions , states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter a nd contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.40

See 14 C.F.R. § 21.16

.
Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may

prescribe special conditions for GeoWing ’s intended operation of the Nova F6500 UAS , which

contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that establ ished by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R

. Sections 61.113(a)

& (b), 91.7(a), 91.121, 91.151(a)(1)

, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b)

.

F. A S ummary That C an Be P ublish ed In T he Federal Register, stating:

The Ru les From Which GeoWing Seeks Exemption:

GeoWing Mapping , Inc. seeks exemption from the requirements of 14 C.F.R

. Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1)

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

.

A Brief Descri ption Of The Nature Of The Exemption GeoWing Seeks:

This exemption will permit GeoWing Mapping , Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research within the National Airspace Syst em ( NAS )

.

G. Any Additional Information, Views, Or Arguments Available To Support GeoWing ’s Request.

This Petition is made p ursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to d etermine if certain UAS

may operate safely in the NAS

. As such

, GeoWing ’s request for exemption may be granted

pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments for cons idering 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.41

As discussed in detail above

, the Nova F6500 UAS has in the past, and will continue in

the future

, to operate safely in the NAS without creating a hazard to users of the NAS

, or the

public

, or otherwise pose a threat to national security

.

CONCLUSION

As set forth herein

, GeoWing seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

, which will permit safe

operation of the Nova F6500 UAS commercially

, without an airworthiness certificate

, for the

limited purpose of conduc ting aerial acquisitions within the National Airspace System (NAS)

. By granting this Petition, the FAA Administrator will be fulfill ing the Congressional mandate of

the FAA Modernization and Reform Act of 2012, while also advancing the interests of the

pu blic

, by allowing GeoWing to safely, efficiently, and economically operate the Nova F6500

UAS commercially w ith in the NAS

.

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

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

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R

. Sections

61.113(a) & (b), 91.7(a), 91.121, 91.151(a)(1)

, 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2),

and 91.417(a) & (b)

, and permit G eoWing to operate the Nova F6500 UAS for the purpose of

conducting aerial acquisitions and research within the NAS

.42

Dated: February 27 , 201 5 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.