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 27 OF GRANT OF EXEMPTION NO. 11111

Submitted on February 13 , 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 Exchange Parkway

Suite 300

Annapolis, Maryland 21401

Tel: (301) 294

- 8550

Fax: (866) 568

- 9886

Attorneys 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 2012, 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. 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 Exemption No. 11111 to the extent

necess ary to allow Woolpert to operate the Nova Block III UAS within five ( 5 ) nautical miles

of an airport r eference point as denoted on a current FAA

- published aeronautical chart if a letter

of agreement with that airport’s management is obtained, and the operation is conducted in

accordance with a Notice To Airmen (“ NOTAM ”) as required by the operator’s Certificate of

Authorization (“ COA ”)

.

Woolpert submits that the conditions and limitations set forth in 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 P etitioner.

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 To Amend Condition and Limitation N o. 27 Of Grant Of

Exemption No. 11111.

Condition and Limitation No. 27 of Exemption No. 11111 states the following :

The Nova Block III UA may not operate within 5 nautical miles of the geographic

center of an airport as denoted on a current FAA

- published aeronautical chart.

Exemption No. 11111 at pag e 12, ¶27

.

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

To Amend Condition And Limitation No. 27.

Woolpert submits that Condition and Limitation No. 27 be amended as follows:

The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement

with that airport’s management is obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. The letter of

agreement with the airport management must be made available to the Administrator

upon request.

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

No. FAA

- 2014

- 0506) did not request operation of the Nova Block III UA within 5 nautical miles

of an airport r eference point as denoted on a current FAA

- published aeronautical chart

.

However, Woolpert proposes that it may safely operate the Nova Block III UA within 5

nautical miles of an airport r eference point as denoted on a current FAA

- published aeronautical

chart if: (1) a letter of agreement with that airpo rt’s management is obtained; (2) the operation is

conducted in accordance with a Notice to A irm e n (“ NOTAM ”) as required by Woolpert’s4

Certificate of Authorization (“ COA ”); and (3) t he letter of agreement with the airport

management is made available to the Administrator upon request.

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. 11111. As the Administrator held in 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 fl ammable fuel, is good

cause to find that Woolpert’s UAS operat ion is in the public interest. 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 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 Gran ting An Amendment To Condition And Limitation No. 27

Wou ld Not Adversely Affect Safety.

Woolpert proposes that it may safely operate the Nova Block III UA within 5 nautical

miles of an airport r eference point as denoted on a current FAA

- published aeronau tical chart

because: (1) a letter of agreement with that airpo rt’s management is obtained; (2) the operation is

conducted in accordance with a NOTAM as required by Woolpert’s Certificate of Authorization5

(“ COA ”); and (3) t he letter of agreement with the ai rport management is made available to the

Administrator upon request.

Woolpert respectfully submits that an equivalent level of safety as presented in

Exemption No. 11111 will be maintained because no operations within 5 nautical miles of an

airport reference point as denoted on a current FAA

- published aeronautical chart will be

conducted without first gaining airport management’s approval. As such, airport management

will be aware of Woolpert UAS operations in the NAS and will be able to ensure safe operations

.

Furthermore, all users of the NAS will be fully aware of Woolpert’s operation of the Nova Block

III UAS, as the operation is conducted in accordance with a NOTAM as required by Woolpert’s

COA.

Additionally , t he FAA has previously issued a condition and limitation identical to

Woolpert’s proposed amendment in Grants of Exemption specific to UAS, in circumstances

similar, in all material respects, to those presented herein (e.g. Exemption N os. 11161, 11160,

11159, 11158, 11157, 11153, and 11150).

Woolp ert further submits that safety will be ensured as a ll other conditions and

limitations within Exemption No. 11 1 11 will remain in effect

.

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

The Rule s From Which Woolpert Seeks Exemption:

Woolpert, Inc. seeks to amend Condition and Limitation number 27 of Grant of

Exemption No. 11111

.

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

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

operate the Nova Block III UA within five ( 5 ) nautical miles of an airport reference point

as denoted on a current FAA

- published aeronautical chart if: (1) a letter of agreement

with that airport’s m anagement is obtained; (2) the operation is conducted in accordance

with a Notice to Airm e n (“NOTAM”) as required by Woolpert’s Certificate of6

Authorization (“COA”); and (3) the letter of agreement with the airport management is

made available to the Admin istrator upon request.

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 fort h above.

CONCLUSION

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 Exemption No. 1 1111 to the extent

necessary to allow Woolpert to operate the Nova Block III UAS within five ( 5 ) nautical miles

of an airport r eference point as denoted on a current FAA

- published aeronautical chart if a letter

of agreement with that airport’s management i s obtained, and the operation is conducted in

accordance with a Notice To Airmen (“NOTAM”) as required by the operator’s Certificate of

Authorization (“ COA ”)

.7

Dated: February 13 , 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

Attorneys for Petitioner

cc: James H. Williams, AFS

- 80

Robert Pappas

Dean Griffith, Esq.