UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. FAA-2014-0506

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

LIMITATION NUMBER 15 OF GRANT OF EXEMPTION NO. 11111 AND

SEEKING RELIEF FROM THE REQUIREMENTS OF 

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

Submitted on February 23, 2015

GREGORY S. WINTON, ESQ.

JARED M. ALLEN, ESQ.

THE AVIATION LAW FIRM

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

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

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

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

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

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

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

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

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

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

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

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

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

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

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

compensation.

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

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

safety of persons or property on the ground.

In support thereof, Woolpert states as follows:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Woolpert, Inc.

4454 Idea Center Blvd.

Dayton, Ohio 45430
3

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

Gregory S. Winton, Esq.

The Aviation Law Firm

1997 Annapolis Exchange Parkway, Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550 | Fax: (866) 568-9886

Email: Greg@aviationlawexperts.com

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

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

61.113(a) And (b).

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

following:

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

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

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

rated on his or her pilot certificate.

Exemption No. 11111 at page 11, ¶15.

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

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

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

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

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

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

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

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

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

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

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

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

operations for compensation.

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

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

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

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

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

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

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

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

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

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

will not carry passengers or property for compensation or hire.

D. The Reasons Why Granting Woolpert’s Request For Amendment Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present petition for amendment will further the public interest as set forth by 

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

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

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

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

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

interest. The Woolpert’s UAS operations will provide benefits to agriculture, science, the 

environment, wildlife monitoring, forestry, and energy. Furthermore, the benefits of Woolpert’s 

proposed operation of the Nova Block III UAS will be realized without implicating any privacy 

issues. 

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

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

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

Woolpert to safely, efficiently, and economically operate the Nova Block III UAS commercially 

within the NAS.

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

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

Provided By The Rule From Which Woolpert Seeks Exemption.

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

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

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

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

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

appropriate distances from people, vessels, vehicles and structures.

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

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

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

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

additional manned airmanship experience of a commercially certificated pilot would not 

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

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

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

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

Exemption No. 11111 states as follows:

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

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

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

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

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

compliance with applicable regulations may satisfy this requirement. Training, 

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

exemption to accomplish the required flights and flight time. 

Exemption No. 11111 at page 11, ¶16.

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

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

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

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

compensation.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Rules From Which Woolpert Seeks Exemption:

Woolpert, Inc. seeks to amend Condition and Limitation number 15 of Grant of 

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

61.113(a)&(b).

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

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

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

airman medical certificate while conducting UAS aerial acquisitions and research within 

the National Airspace System (NAS).

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

Woolpert’s Request.

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

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

may operate safely in the NAS. As such, Woolpert’s request for an amendment to Grant of 

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

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

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

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

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

 

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

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

CONCLUSION

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

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

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

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

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

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

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

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

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

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

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

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

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

conducting UAS aerial acquisitions and research within the NAS.

Dated: February 23, 2015 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________

Gregory S. Winton, Esq.

Jared M. Allen, Esq. 

1997 Annapolis Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294-8550

Fax: (866) 568-9886

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

Robert Pappas

Dean Griffith, Esq.