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 2 3

, 201 5

G REGORY S

. W INTON

, E SQ

. J ARED M. A LLEN

, 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 Attorneys for Petitioner2

P etitioner, 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 A ircraft Systems, hereby petitions the Administrator for an amendment to

C ondition and L imitation 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 fro m 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 appropriat e 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 Exemp tion 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 A nd Address Of T he Petitioner.

The name and address of the Petitioner is:

Woolpert, Inc.

4454 Idea Center Blvd. Dayton, Ohio 454303

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 Requirem ents Of 14 C.F.R. § 61.113(a) And (b)

.

Condition and Limitation number 15 of Grant of Exemption No. 1111 1 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.

Ex emption No. 11111 at page 11, ¶ 15.

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

,

subsections (a) and (b) prescribe th e 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 compe nsation 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 pilot4

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

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

operations for compensation.

This relief is requested since the limitations set for th 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 bel ow, 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, ve ssels, 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 a s 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 achiev ed 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 public5

interest. The Woolpert’s UAS op erations 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

issue s.

Woolpert’s proposed amendment not only further s 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 N ot Adversely Affect Safety,

Or How The A mendment 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 UA S training and currency requirements,

that the PIC is able to safely operate the Nova Block III UA S 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 se t 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 UA S , 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 tha t 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, profi ciency, and experience

- building flights can also be conducted under this grant of exemption to accomplish the required flights and flight time.

Exemption No. 11 111 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 U AS training and currency requirements, to conduct the proposed UAS flight operations for

compensation.

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.

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 E xemption No. 111111 , inclu ding 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 p ursuant to 14 C.F.R. § 11.35(b) 1

.

F. A S ummary That C an Be P ublish ed In T he 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 Woolper t , 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 w ithin 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 am endment 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 co nsidering 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 contain s proprietary information, and in accordance with 14 C.F.R. § 11.35(b), i s not to be included in the Federal Docket Management System (FDMS).8 CONCLUSION

As set forth her ein

, 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 FA A

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

Administrator grant this Petition for an a mendment to Grant of Exemption No. 11111 f or relief

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

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

conducting UAS aerial acquisitions and research w ithin the NAS

.

Dated: February 2 3 , 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

cc: James H. Williams, AFS

- 80 Attorneys for Petitioner Robert Pappas Dean Griffith, Esq.