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Submitted electronically

December 18, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

RE: Petition for Exemption from Certain Federal Air Regulations according to 

Section 333 of the FAA Reform Act of 2012 

Dear Sir or Madam: 

Headwall Photonics, Inc. is applying for an exemption from the Code of Federal 

Regulations detailed below. The requested exemption would permit commercial 

operation of its Leica Geosystems Aibotix X6 Unmanned Aircraft System (UAS) for 

the purpose of aerial inspection and monitoring, aerial photogrammetry, and aerial 

filming using our Headwall Hyperspectral aerial sensor. 

This submission also includes, as confidential documents, the following attachments:

1. Aibot X6 User Manual

2. Pre-Flight Daily Checklist

3. Calibration Procedures

4. NAFTA X6 Checklist

BACKGROUND 

With the advent of technological leaps in Geographic Information Systems (GIS), new 

data-driven photogrammetric methods and workflows, and the reduction of safety risks 

and cost using manned aircraft, the demand for small UASs (sUAS) for commercial 

purposes has grown. Headwall, is a leader in hyper spectral sensor technology and 

recognizes that its customers wish to evaluate hyperspectral sensors in situ; that is, 

performing the data-collection function while aloft for brief periods of time atlow 

altitude. Allowing our sensor to be used on a UAS allows our customers a unique 

perspective with a unique sensor. The Hyper-Spectral Sensor has the ability to provide 

operator the ability to “see” non-visible spectral lines of the light spectrum. These non-
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visible spectral lines can indicate plant health conditions like water consumption and 

desease presense. Such conditions can be detected and treated before they become a 

serious problem. This leads to better agricultrial health. Additional, hazardous materials 

can be detected through certain non-visible spectral lines. Using a UAS with this sensor 

can provide public safety officials with the necessary information to treat a hazardous 

material situation without risk to a human inspector. In response to commercial demand 

for sUAS use, the FAA has previously granted to operators the privilege to fly in the 

NAS. The following approved 333 exemption petitions describe similar uses to those that

Headwall seeks: 

• For aerial inspections: exemption no. 11216, Solusia Air, LLC; exemption no. 

11422, Soar Environmental Consulting; exemption no. 11241, Phoenix Air

• For geospatial mapping: exemption no. 11393, Surveying and Mapping, LLC; 

exemption no. 11397, Colorado Cartographics

• For aerial imaging and filming: exemption no. 11150, AerialCine; exemption no. 

11240, Aerial Flight.

• For aerial data collection, exemption no. 11343, Woolpert; exemption no.

Draganfly Innovations, Inc.

• For forensic inspection: exemption No. 11412, Earth Forensic, Inc; exemption no. 

11465, Rimkus Consulting Group, Inc.

In addition, the FAA has previously approved thirteen petitions whose petitioners use of 

the Aibotix X6 for their sUAS operations including: exemption no. 11216, Solusia Air; 

exemption no. 11545, Clean Energy Renewables, and exemption no. 11356, Boyd 

Instrument and Supply Company.

In accordance with these previously granted exemptions, Headwall respectfully submits 

its petition to the FAA for the use of its Aibotix X6 UAS for commercial operations in 

the NAS. In its submissions, Headwall will document an equivalent or greater level of 

safety than possible for similar missions using manned aircraft; the safety systems and 

procedures it will adhere to; the characteristics of the Aibotix X6 aircraft (in particular its 

failsafe, lost-link and emergency recovery capability); and the public interest served by 

this proposed exemption to certain sections of the Code of Federal Regulations.
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DESCRIPTION OF PETITIONER 

Headwall Photonics, Inc. develops, manufactures and distributes multispectral and 

hyperspectral imaging sensors for use in a range of airborne and ground-based 

application sets. These hyperspectral imaging sensors are used for remote sensing 

purposes, primarily precision agriculture, crop health, and environmental monitoring. 

The airborne-deployed products include the Nano-Hyperspec and Micro-Hyperspec, 

which are both between 1-2 kg in weight and fall within the acceptable payload-lifting 

capabilities of the Aibotix X6. 

Located in central Massachusetts, Headwall’s headquarters and primary manufacturing 

facility is in Fitchburg, Massachusetts 01420. The Company was originally known as 

American Hollographic before being acquired by Agilent Technologies. In the early 

2000s, this division of Agilent was acquired and re-named Headwall Photonics, Inc. to 

better describe its role within the imaging and photonics space. The Company 

employs fewer than 50 people at this location. There is no other domestic facility.

There currently exists a partnership between Headwall and Aibotix that was formed in 

2014. Aibotix (a brand name subsidiary of aerial equipment company Leica 

Geosystems, itself a portion of Hexagon AB) was seeking hyperspectral image sensor 

payloads to offer its customer base. Leica Geosystems and Headwall forged a 

partnership in 2014 where the ‘Nano-Hyperspec’ hyperspectral sensor would be 

offered by Leica as part of a system-level offering. That system-level offering extends 

to Headwall, so that both companies are able (under its agreement) to market and sell 

complete solutions: Headwall is thus able to bundle the X6 multirotor UAV into its 

solution while Leica Geosystems is able to do the same with Nano-Hyperspec.

The nature of hyperspectral imaging is such that only daylight operation will occur 

since this technology depends on the existence of suitable sunlight. As such, no 

nighttime operations will occur. Similarly, operations will only occur below cloud 

cover, since the features on the ground being captured by the sensor need to be 

visible through the lens, at low altitude.
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NAME OF PETITIONER 

David Bannon, CEO

Headwall Photonics, Inc.

601 River Street

Fitchburg, MA 01420

978-353-4100
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DESCRIPTION OF UNMANNED AIRCRAFT SYSTEM 

Headwall wishes to fly the Aibotix X6, an electric multirotor, as its survey aircraft. 

Aibotix Gmbh in Germany has delivered more than 400 aircraft since 2011. The flight 

control system used with the aircraft is proprietary, non-open source and designed 

and manufactured by the company in Germany. System development is subject to 

Aibotix and Leica's rigorous design and quality control standards, and has undergone 

continuous improvement since market launch three years ago.

If the radio control link is lost, emergency failsafe will prevent flyaway and perform a 

controlled descent or, if GPS signal is sufficient, return to the takeoff point. The flight 

control system can fly pre-programmed waypoints yet respond immediately to pilot 

stick overrides in case of route adjustment or emergency. Its radio control system 

incorporates telemetry, which is displayed on the pilot’s handheld controller and may 

be announced by voice. The X6 aircraft is optimized for aerial survey. Its software 

includes dynamic points of interest (POI) which enables automatic visual alignment 

towards the POI and geo-fencing for protection, which reduces pilot workload. The 

aircraft is less than four feet in diameter, made of carbon-fiber reinforced polymer in 

a high-visibility color, with protective blade guards surrounding its six rotors. 

Maximum takeoff weight is approximately 15 pounds, and flight time is about thirty 

minutes with its redundant multicell battery system. The aircraft carries no flammable 

liquid fuel. 
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RF SPECTRUM 

Radio control and video transmission systems meet FCC requirements for operation 

in the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings 

about interference from devices operating at or near these frequencies or their 

harmonics are documented in the Leica Flight Operations Manual (LFOM), along 

with procedures to ensure radio safety with the SUAS. 

EXTENT OF RELIEF SOUGHT AND WHY 

Petitioner asks for relief from regulations tabled below, which the authority of the 

FAA has previously granted in exemption certificates number 11062 along with six 

others described as “in commonality”, and in number 11109, which are for use of 

electric rotorcraft. The Leica Geosystems Flight Operation Manual (LFOM) 

incorporates the conditions and limitations of these grants of exemption, and in some 

cases imposes stricter limits on its own operations. Headwall will operate the craft 

pursuant to these conditions and limitations, specifically with respect to safe and 

short-duration missions.
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CFR CODE CITATIONS 

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

61.113 (a) Private pilot privileges 

and limitations: Pilot in 

command. 

Holder of private pilot 

certificate may not act as pilot 

in command for compensation 

or hire. Flying for 

compensation on engineering 

survey missions is central to 

purpose of exemption request. 

Characteristics of aircraft, 

VLOS, class G airspace, under 

400 ft. AGL, trained visual 

observer in radio 

communication with pilot; 

remote site, industry safety 

protocols enhanced by Leica's 

flight safety plan; PIC with 

minimum of sport pilot 

certificate, glider certificate, 

non-powered and powered, 

currency in the aircraft listed 

on the certificate, 3rd class 

medical or valid U.S. driver’s 

license, pilot training, testing, 

proficiency with similar and 

same model UA; and 

inspection/maintenance are 

defined in the Leica Flight 

Operations Manual (LFOM) 

and will ensure equivalent 

levels of safety if not more. 

61.113 (b) Private pilot privileges 

and limitations: Pilot in 

command. 

Holder of private pilot 

certificate may act as pilot in 

command for compensation or 

hire if flight is incidental to 

business or employment and 

does not carry passengers for 

compensation or hire. Flying 

for compensation on 

engineering survey missions is 

central to purpose of 

exemption request, not 

incidental to business or 

employment. 

There is no passenger or pilot 

on board the sUAV, thus safety 

issues are different from a 

manned flight. Aibotix aircraft 

has programmable automated 

safety features and emergency 

responses, has pre-flight checks 

for safety beyond commercial 

manned aircraft, can be 

geographically restricted by 

operator with programmable 

control points, and has

communications with the PIC 

regarding fuel loss and other 

flight hazards. PIC will have 

ground school training 

certificate and additional 25 

hours logged flight time and 25 

hours classroom and field 

instruction as stated in LFOM. 
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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.119 (c) Minimum safe altitudes 

over other than 

congested area 

Operating closer than 500 feet to a 

person, vehicle, or structure may be 

necessary for survey and equipment 

inspection. 

People will not be allowed 

over, under or within 500 feet 

laterally of the aircraft in flight. 

Some flights may require the 

participation or guidance of 

industry personnel, positioned 

as close as 200 feet. Headwall

will brief them on safety and 

obtain necessary consent. 

Industry specific safety rules 

and regulations are to be 

followed.. 

91.121 Altimeter settings Procedures to set and confirm 

altitude do not provide for operation 

of remote telemetry to SUAS pilot. 

An onboard air pressure sensor 

and software resolve height 

differences as small as one 

centimeter. Altitude is 

controlled by measuring air 

pressure and the z-­-axis 

accelerometer/GPS values. 

The starting point is a relative 

height measurement calculated 

by the flight controller. 

Altitude above ground is 

displayed on the pilot's 

handheld controller by 

telemetry, and alarms can 

signal conditions of interest. 

400 feet AGL is the maximum 

permissible in the LFOM, 

which describes altimeter 

procedures. 
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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.151 (b) Fuel requirements for 

flight in VFR 

conditions. 

Rotorcraft under VFR must carry 

enough fuel to reach first landing 

point and then another 20 minutes. 

The X6 multirotor is designed to fly 

for a maximum of 30 minutes with 

its 2 batteries. 

Battery voltage under load is 

displayed on the pilot's 

handheld controller during 

flight. The X6 uses 2 lithium 

polymer batteries of a multi-­-

cell design, connected in 

parallel for redundancy and 

optimal current delivery. 

Battery chemistry does not 

support adequate current 

discharge below about 3 v per 

cell. Circuitry in the onboard 

flight controller measures 

voltage and will start a failsafe 

procedure to land before 

summed minimums are 

reached. In the event that one 

or more cells fail, these 

minimums may be reached 

sooner than expected, due to 

rapid current drain against a 

smaller number of functioning 

cells. Headwall pilots are 

trained to monitor voltage and 

recognize abnormal discharge 

in flight and to land sooner 

than forced. If 20 minutes of 

flight time or 25% of reserve 

voltage under load is reached, 

pilot must commence landing. 

91.405 (a) Maintenance required. Required inspections and 

discrepancies repaired between 

required inspections pertains to 

certificated manned aircraft and 

procedures conducted by licensed 

maintenance personnel. In the 

absence of certification requirements 

for SUAS and SUAS maintenance 

personnel, reasonable alternatives 

must be developed to maintain 

equivalent levels of safety. 

Headwall will document 

maintenance, overhaul, 

replacement and inspection 

requirements in the absence of 

manufacturer's requirements; 

will document and maintain 

maintenance records and 

technician qualification criteria 

in the LFOM. 

91.405 (b) Maintenance records. Qualifications for maintenance 

personnel for SUAS were not 

contemplated by these regulations, 

and a reasonable alternative must be 

developed to maintain equivalent 

levels of safety. 

Qualifications, competence and 

testing for maintenance 

personnel are defined in the 

LFOM. 
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14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF 

SAFETY 

91.407 (a) 

(1) 

Operation after 

maintenance, preventive 

maintenance, 

rebuilding, or alteration. 

There is no authorization procedure 

for a person who can approve a 

return to service of an SUAS, and a 

reasonable alternative must be 

developed to maintain equivalent 

levels of safety. 

Procedures for the PIC to test 

then approve a return to 

service after maintenance are 

defined in the LFOM. 

91.409 (a) 

(1) 

Inspections. Annuals conducted by a qualified 

inspector require authorization 

criteria for that inspector, not yet 

defined for SUAS. A reasonable 

alternative must be developed to 

maintain equivalent levels of safety. 

Schedules for inspection and 

responsibilities of the PIC and 

qualified technician are 

described in the LFOM. 

91.409 (a) 

(2) 

Inspections. Issuance of airworthiness certificates 

for SUAS under 55 pounds operated 

VLOS is not contemplated by these 

regulations 

Airworthiness is the 

responsibility of the PIC and 

the technician as defined in the 

LFOM. 

91.417 (a) Maintenance records. Regulations do not contemplate 

requirements or approval processes 

for maintenance and inspection of 

uncertificated SUAS, however a 

reasonable alternative must be 

developed to maintain equivalent 

levels of safety. 

The operator will maintain 

records according to the 

procedures specified in the 

LFOM. 

91.417 (b) Maintenance records. Retaining and transferring records of 

maintenance and defects according 

to standards prescribed for 

authorized maintenance and 

inspection is not contemplated in the 

regulations for SUAS. A reasonable 

alternative is necessary to maintain 

equivalent levels of safety. 

Records and documentation 

will be kept for all maintenance 

performed, defects, and for all 

components specified in the 

LFOM. 
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PILOT IN COMMAND AND CREW 

The Pilot In Command (PIC) must hold a transport, commercial, private, recreational, 

sport pilot, glider (powered or non-powered) airman's certificate, and be in 

compliance with the training and testing specified in the LFOM. The PIC must also 

hold a current FAA airman medical certificate or if qualified as a sport pilot, a valid 

U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a 

territory, a possession, or the Federal government. The PIC must be in compliance 

with the training and testing specified in the operator’s manual. He must remain in 

radio communication with a visual observer who is in compliance with the training 

and testing specified in the operator’s manual. The pilot must be able to acquire the 

aircraft with his own vision, unaided except by prescription refraction lenses. He must 

at minimum meet the eye-testing standards for a third-class airman medical certificate, 

or if qualified by a sport pilot certificate, then by the terms of its vision standards. He 

must operate within visual line of sight only, and be able to see the attitude and 

orientation of the aircraft himself. If GPS, magnetometer, or other assisted flight 

modes are compromised, certain safety features may not operate, and the pilot must 

understand by his training and experience how to recover control. 

OPERATION OF THE UNMANNED AIRCRAFT 

The aircraft will be under the operational control of the petitioner. 

1. The aircraft used for research & development operations by Headwall 

will be only the Aibotix X6 as described in the Leica Flight Operations 

Manual (LFOM), unless the FAA approves an amendment to this 

petition for use of a different aircraft. This craft will be purchased or 

borrowed from Leica Geosystems by Headwall.

2. The aircraft operated in accordance with this exemption will be identified by 

serial number, and registered with identification (N−Number) markings. 

Markings will be as large as practicable, approximately as shown below.
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3. The PIC will hold a transport, commercial, private, recreational, sport 

pilot or glider (powered or non-powered) airman certificate, and must 

meet the medical and vision standards, and the flight review 

requirements, appropriate to that certificate, according to 14 CFR § 61.56. 

4. Unless permission is obtained from the FAA, the FSDO or ATC, 

Headwall pilots will operate at least three (3) nautical miles outside 

populated areas, at less than 400 feet AGL, in class G airspace, in daylight 

hours only and within visual line of sight of the PIC, five (5) nautical 

miles or more away from airports as denoted on current FAA-published 

charts, and use a LFOM-qualified visual observer in radio communication 

with the PIC.

5. Manufacturer’s limitations of the aircraft will not be exceeded, and 

Headwall’s operations will adhere to power reserves and the lower 

operational limits described in the LFOM. 

6. Preflight inspection by the PIC, and inspection and maintenance 

procedures will be followed according to the LFOM, and will be properly 

documented and signed for by an authorized technician who has 

completed training specified in the LFOM. 

7. Test flights by the PIC in connection with maintenance requirements will 

be documented. 

8. Manufacturer systems and safety bulletins will be followed, and flight 

critical components will be monitored and replaced when specified in the 

LFOM. 

9. Discrepancies discovered between inspections will be documented by 

Headwall and Aibotix maintenance personnel. 

10. If visibility is less than three (3) statute miles from the PIC, the aircraft 

will not be operated less than 400 feet below a cloud, or less than 2000 

feet horizontally from a cloud.

11. The PIC must follow emergency procedures as described in the LFOM in 

event of lost link, degraded navigation signals, or appearance of 

unauthorized persons within the secure flight perimeter.

12. A commercial Certificate of Authorization will be obtained by FAA’s 

designated procedure before any operations that require it are conducted. 

Notices to Airmen will be filed in accordance with FAA requirements, 

and permissions from ATC or local FSDO's will be sought as the FAA 

shall specify. 

13. An N-Number will be obtained for the aircraft operated.

14. RF spectrum will be used in compliance with FCC requirements.
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15. Documents required by 14 CFR 91.9 and 91.203 will be available to the 

PIC at the point of flight and control, and will be produced upon request 

by any authority.

16. The aircraft will remain clear of and yield right of way to all manned 

aviation operations and activities at all times. 

17. The PIC will operate the aircraft from a stationary ground position and 

not from any moving device or vehicle.

18. Planned operations will ONLY be above vegetative and/or wooded areas 

and NOT near structures and inhabitants. The petitioner seeks to do 

R&D work above these land types exclusively.

19. The safety of people and property is paramount, and no operations may 

be conducted within 500 feet of unprotected non-participants or their 

property unless conducted according to safety procedures in the LFOM

that are approved by the FAA. 

20. All operations will be conducted over controlled-access property, for 

which permission has been obtained prior to flight, and for which safety 

briefings have been completed according to the LFOM. 

21. All incidents, accidents, and transgressions of allowed flight boundaries 

will be reported as required by FAA and NTSB.

22. All operations shall be conducted over private or controlled access property 

with permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained for each flight to be conducted.

BENEFIT TO THE PUBLIC 

Approval of exemptions allowing commercial operations of SUASs throughout the 

industries Headwall serves will enhance safety by reducing risk. The objective of these 

aerial missions is to enhance safe and reliable operation of the craft while integrated 

with its sensor payload, and assuring this mitigated risk comes only by operation and 

test. By replacing conventional jet-fueled aircraft with lightweight, battery operated 

sUAVs in restricted areas for aerial inspection, photogrammetry and image and film 

capture, the applications themselves become more environmentally sound and safe. 

These include precision agriculture, environmental monitoring, asset and 

infrastructure inspection (rail lines, pipe lines), geology, and others. The use of the 

Aibotix X6, is an established UAS platform which is powered by batteries, provides a 

smaller environmental footprint, increases safety by decreasing manpower and 
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separates the aircraft operators from the craft. It further protects the public by being 

used in restricted environments and reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY 

The survey aircraft will be operated in accordance with safety protocols defined in the 

LFOM, for which we request approval by the FAA according to its authority granted 

by Congress in Section 333 of the FAA Modernization and Reform Act of 2012. 

The survey aircraft carries no person, cargo, or flammable liquid fuel. Its size and 

weight are a small fraction of any manned aircraft, and its safety systems reflect best 

design practices in the SUAS industry. Further, the sensor payload has been deemed 

by both Leica Geosystems and Headwall to be well within the safety envelope for the 

craft.

In addition, Headwall will keep the approved LFOM at its ground control station where 

the PIC will have immediate access to it. Previous exemptions granted by the FAA 

concerning Section 91.9(b) establish that safety is not adversely affected when the 

approved Aircraft Flight Manual is kept at the ground control station of a UAS, where 

the PIC can immediately access it.

When properly operated by a trained pilot, a well-designed sUAS can stay clear of 

people and property on the ground and in the air. Procedures, airmanship skills, 

training and testing requirements for SUAS personnel in the LFOM will let the 

operator achieve safety levels in the NAS and on the ground, which are equivalent to 

or greater than in manned aviation. 

SUMMARY FOR PUBLICATION 

The following summary may be published in the Federal Register: 

Petitioner requests an exemption from: 

14 CFR Parts 61.113 (a) and (b) 
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14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 

(a) (1), 91.409 (a) (2), 91.417 (a) 

in order to operate a small unmanned aircraft system (SUAS) for purposes of aerial 

inspections and monitoring, aerial geo-mapping, and aerial imaging and filming and 

aerial data collection. The pilot in command will be appropriately qualified with a 

current private pilot certificate and specialized training.. 

Aerial survey and inspection, geospatial mapping, and film and image capture are 

conventionally done by manned aircraft operations that use liquid fuel and weigh 

upwards of 5,000 lbs. These operations involve flying the aircraft to and from the 

operation’s location. An Aibotix X6 weighs less than 15 pounds, is less than four feet 

in diameter, is equipped with flight control and safety features that prevent flyaway 

and minimize risk, compared to that of a manned aircraft, to people and property 

allowed within the zone of operations and outside it. 

No flight operations outside the secured areas are allowed, and no impacts to privacy 

are foreseen. 

ATTACHMENTS FOLLOW