UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No.

_______________

PETITION FOR AMENDMENT TO GRANT OF EXEMPTION NO. 11343

BY WOOLPERT, INC.

Submitted on July 1 , 2015

G REGORY S. W INTON

, E SQ

. T HE A VIATION L AW F IRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550

Fax: (866) 568

- 9886

Attorney for Petitioner2

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 201 2, 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. 11 343 (Regulatory Docket No. FAA

201 5

- 0 040 ), which granted to Woolpert an 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 th e

petitioner to operate a Skycatch UAS to perform aerial data collection

.

Specifically, Woolpert seeks an amendment to Exemption No. 11 343 to the extent

necessary to allow Woolpert to operate a Kespry UAS under Exemption No. 11343.

Woolpert submits that operation of a Kespry UAS under the conditions and limitations set forth

in Exemption No. 11 343 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:

Kespry Unmanned Aircraft System

Woolpert, Inc. seeks an amendment to operate the Kespry UAS for compensation or hire

within the NAS pursuant to Paragraph 1 of the Conditions and Limitations section of Exemption

No. 11343. The Kespry UAS is c omprised of a vertical takeoff and landing (VTOL) unmanned

aircraft (UA) controlled via the Kespry iOS mapping application (Kespry App). As discussed

herein, the Kespry UAS is in all material respects similar to the Skycatch UAS, as well as the

UAS in Exemptions Nos. 11062, 11109, 11112, and 11213.3 Figure 1. The Kesprey UAS

Technical Specifications

Width : 30 Inches

Height : 8 Inches

Weight : 4.5 Pounds

Max Payload: 1.1 P ounds

Speed at Data Collection: 9

- 18 miles per hour

Max Speed: 30 miles per hour

Max Climb Rate: 9 miles per hour

Operational Altitude: 200ft

– 400 feet Above G round L evel

Flight Duration: 35 Minutes

Wind Speed Tolerance: 15

- 20 miles per hour

Sensor (RGB): Sony a5100, Canon S110, Canon S95, Sony QX14

The altitude information of the Kespry UA is provided to the PIC via Global Pos itioning

System (GPS) equipment and a radio communications telemetry data link, which downlinks

from the UA to the GCS for active monitoring of the flight path. The Kespry UAS is d esigned to

a utomatic ally r eturn t o the h ome p oint o r a uto

- l and i n t he e vent o f l oss o f t he c ontrol l ink o r GPS

n avigation . As an additional precaution, prior to any operation the Kespry UAS is given a fixed

area of operation through 3D Geofencing. Th is determines a “safe area” for operation taking

into account any obstacles and the Kespry UAS can only be operated within the predetermined

Geofenced area

. Further description of Geofencing can be found on pages 2, 4, and 5 of the

Flight Manual for Kespr y Unmanned Aircraft System ( Kespry Flight Manual )

. T he Kespry

Flight Manual

, which contains proprietary information and is to be held in a separate file

p ursuant to 14 C.F.R. § 11.35(b), is attached hereto as Exhibit A

. The Kespry UAS is compliant

with all Federal Communication Commission requirements and the radio frequency spectrum

used for operation and control of the UA is set forth at page 7 of the Kespry Flight Manual

. Sensor (Multispectral): Tetracam ADC Lite, Tetracam ADC Snap, Micasense RedEdge

Sensor (Thermal): FLIR Tau 2, FLIR Lepton, Optris TIM 400

Sensor (LiDAR): Velodyne VLP

- 16 (LiDAR Puck)

Power Source: 14.8v 8Ah Lithium Polymer Cells

Motors: 370kV High performance brushless motors w ith Japanese bearings

Navigation: Pre

- planned flight plan with waypoints, GPS

- based navigation with manual

override option

Interface: Kespry Flight Application

Manufacturing and Assembly Location: Menlo Park, CA5

A. Name And Address Of The Petitioner.

The name and address of the Petitione r 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

B

. Woolpert Seeks To Amend Condition and Limitation N o. 1 Of Grant Of

Exemption No. 11 343

.

Condition and Limitation No. 1 of Exemption No. 11 343 states the following :

Operations authorized by this grant of exemption are limited to the Skycatch when

weighing less than 55 pounds including payload. Proposed operations of any other

aircraft will require a new petition or a petition to amend this exemption

.

Exemption No. 11 343 at page 3 , ¶ 1

.

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

To Amend Condition And Limitation No. 1

.

Woolpert submits that Condition and Limitation No. 1 be amended as follows:

Operations authorized by this grant of exemption are limited to the Skycatch UAS

and Kespry UAS when weighing less than 55 pounds including payload. Proposed

operations of any other aircraft will require a new petition or a petition to amend this

exempt ion

.

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

Docket No. FAA

- 201 5

- 0 040 ) did not request that operation of the Kespry UAS be allowed under

the Exemption . However, Woolpert proposes that it may safely operate the Kespry UAS under

the same Conditions and Limitations set forth in Exemption No. 11343 for the Skycatch UAS

.6

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 Adminis trator in Exemption No. 11 343

. As the Administrator held on page 2 of Exemption

No. 11 343

, 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 fue l, gives the FAA good cause to find that the UAS operation enabled by this

exemption is in the public interest

. Further, there has been no change in the conditions and

reasons relative to the pu b lic interes t and safety that were the basis for granting the original

exemption.

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

Administrator in Exemption No. 11 343 , it also is another step forward in fulfilling the

Congressional mandate of the FAA Modernization and Refor m Act of 2012, by allowing

Woolpert to safely, efficiently, and economically operate the Kespry UAS commercially within

the NAS.

E. The Reasons Why Granting An Amendment T o Condition And Limitation No. 1

Wou ld Not Adversely Affect Safety.

Woolpert propos es that it may safely operate the Kespry UAS within the NAS because it

is in all material respect s similar to the Skycatch UAS and will be operated pursuant to the same

Conditions and Limitations set forth in Exemption No. 11343.

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

.

Woolpert submits that good cause exists for not publishing a summary of this petition for

amendment in the Federal Register because the requested amendment to Exemption No. 113437

would not set a precedent, and any delay in acting on this petition would be detrimental to the

petitioner. The Skycatch UAS authorized in the original grant of exemption is comparable in

type, size, weight, speed and operating capabilities to the Kespry UAS.

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

Woolpert’s Request.

This Petition is made pursuant to the FAA Modern ization 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 Refo rm Act of 2012, Section 333, Woolpert respectfully requests that the

Administrator grant this Petition for an amendment to Exemption No. 1 1343 to the extent

necessary to allow Woolpert to operate the Kespry UAS in addition to the Skycatch UAS

under the Conditions and Limitations originally set forth in Exemption No. 11343.

Dated: July 1 , 2015

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

Gregory S. Winton, Esq.

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550

Fax: (866) 568

- 9886

Attorney for Petitioner