UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: WOOLPERT, INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 91.9(b), 91.203(a), 91.203(b), 45.23(b) AND 21.185 CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012

Submitted on June 13, 2014

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 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3

SUMMARY

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4

BACKGROUND

................................ ................................ ................................ ................. 5

BASIS FOR PETITION

................................ ................................ ................................ ...... 7

NAME AND ADDRESS OF PETITIONER

................................ ................................ . 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH WOOLPERT , INC. SEEKS EXEMPTION

. ................................ ................................ ................................ .. 8

THE EXTENT OF RELIEF WOOLPERT , INC. SEEKS AND THE REASON WOOLPERT , INC. SEEKS THE RELIEF

. ................................ ................................ 10

THE REASONS WHY GRANTING WOOLPERT , INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ..................... 13

TH E REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

. ........ 31
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT WOOLPERT , INC. 'S REQUEST

. ................................ ...................... 31

CONCLUSION

................................ ................................ ................................ ................. 323 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SMS Safety Management System

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions4 SUMMARY
Woolpert, Inc

. seeks exemption from the requirements of 14 C.F.R. §§ 91.9(b),
91.203(a), 91.203(b), 45.23(b) and 21.185. This exem ption will permit Woolpert , Inc. to operate
an Unmanned Aircraft System (“UAS”) while keeping the documents required by the regulations
at the ground control station and immediately acc essible to the pil ot in command. Furthermore,
the exemption will relieve Woolpert , Inc. from the airworthiness certificate standards and the
requirement to have a certificate of airworthiness issued for its UAS

. This exemption will also
permit a ny required markings concer ning the operational s tatus of the UAS to be displayed on
the fuselage of the unmanned aircraft

.
INTRODUCTION AND INTERESTS OF THE PETITIONER
Woolpert, Inc. (hereinafter referred to as “Woolpert”) is a 103 year

- old design, geospatial

and infrastructure management firm with a long and well

- recognized history in mapping and
surveying . Woolpert excels in the collection of aerial imagery from manned, fixed

- wing aircraft
for the purpose of making highly accurate aerial maps for a range of clients and variou s
applications. In addition to operating a fleet of conventional fixed

- wing aircraft, Woolpert has
recently acquired an Altavian Nova Block III Unmanned Aircraft S ystem (hereinafter referred to
as the “Nova Block III UAS”) . As set forth in this Petition, Woolpert seeks to operate its Nova

Block III UAS for the special purpose of aerial surveying, continuing an established legacy that
has always sought the highest standards of operations and safety.5 BACKGROUND
Unmanned Aircraft System: Altavian Nova Bl ock III UAS
Woolpert seeks an exemption to operate an Altavian Nova Block III UAS, Serial No.

3001 , registration number 1 N937RW , for compensation or hire within the n ational a irspace

s ystem (“NAS”)

. The Nova Block III UAS is comprised of an amphibious unmanned aircraft

and a transportable ground station. The Nova Block III UAS has a maximum gross weight of
approximately fifteen (15) pounds , while having a wingspan of 108 inches and a length of 65

inches . The Nova Block III unmanned aircraft is equipp ed with a single propeller driven by a
Lithium Polymer battery powered electric motor.

Figure 1 depicts the Nova Block III UAS with registration number displayed in accordance with 14 C.F.R. Part 45

.

1 Woolpert has reserved registration number N937RW, and will submit an Aircraft Registration Application upon the grant of the exemptions sought by this Petition.6 Proven Operational History of the Nova Block III UAS in the NAS

The Nova Block III UAS is currently operating safely with in the NAS pursuant to

a

pproximately fourteen ( 14 ) Certificates of Authorization (“COA”) gra nted by the Federal
Aviation Administration (“ FAA ”) to the Middle Tennessee State University ; Sinclair
Community College in Dayton, Ohio ; the U

. S

. Army Corps of Engineers ( Jacksonville District
, for operations in South Florida ) ; Mississippi State University for the Pearl River Basin ; and the
University of Florida . The U.S. Army Corp s o f Engineers will be operating the Nova Block III

UAS pursuant to an additional five COA s in the foreseeable future
, pending approval by the

FAA

.
Scientific Research
Pursuant to an agreement with the U.S. Army Corp s of Engineers, Woolpert has

coordinated the aerial survey of Ship Island with the United States Department of Interior
( National Park Service ) , and has received a Scientific Research and Collecting Permit for the
flight operations. A copy of this propriet ar y information is attached hereto as Exhibit A , and is
to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)

. 2

The U.S. Army Corp s of Engineers has retained Woolpert to collect imagery of Ship
Island using the Nova Block III UAS t o create an orthorectified image in order to survey the

“Hurricane Camille cut” between East Ship Island and West Ship Island . The U.S. Army Corps
of Engineer s has also retained Woolpert to determine if utilizing a UAS is more economical than
traditional methods of obtaining aerial imagery ( i.e. , manned aircraft)

.

2 Exhibits to this Petition contain proprietary informatio n, and in accordance with 14 C

. F

. R

. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS). Pursuant to Section 11.35(b), the FAA has mandated that “[w]hen we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the d ocket that we have received it .”7 BASIS FOR PETITION
Petitioner, Woolpert, Inc., by and through undersigned counsel, pursuant to the
provisions of t he Federal Aviation Regulations ( 14 C.F.R. § 11.61) and the FAA Modernization

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereby petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§
91.9(b), 91.203(a), 91.203(b)
, 45.23(b), as well as t he r estricted c ategory a irworthiness

c ertification s tandards s pecified i n 14 C.F.R. § 21.185 , including t he r equirement t o h ave a

c ertificate of a irworthiness a s c ontemplated b y 14 C.F.R. Part 21.

In the alternat ive, and in accordance with Federal Aviation Regulation (“FAR”) Section

21.16, entitled Special Conditions (14 C.F.R. § 21.16), Woolpert respectfully requests that the
Administrator prescribe special conditions for the intended operation of the Altavian Nova Block

III UAS that contain such s afety standards as the Administrator finds necessary to establish a
level of safety equivalent to that established by the restricted category airworthiness certif ication
standards specified in 14 C.F.R. § 21.185 . In the alternative, Woolpert seeks an exemption from

the requirement to have a certificate of airworthiness issued for its Nova Block III UAS, as

otherwise co ntemplated by 14 C.F.R. Part 21.
In accordance with 14 C.F.R. § 11.81, Woolpert provides the f ollowing information in
support of its petition for exemption :

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 454308 The point of contact for this P etition and sp ecific 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 Ema il: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which Woolpert Seeks Exemption.

1. Woolpert Seeks Exemption F rom T he R equirement O f Section 91.9(b).
Woolpert seeks an exemption from 14 C.F.R. § 91.9 (b). Section 91.9 entitled Civil
aircraft flight manual, marking, and placard requirements
, subsection (b) states the follow ing :
(b) No person may operate a U.S.

- registered civil aircraft

-- (1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and
(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraf t a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

2. Woolpert Seeks Exemption F rom The Requirements Of Sections 91.203(a) and 91.203(b).
Woolpert seeks an exemption from 14 C.F.R. § 91.203(a) and (b). Section 91.203

entitled Civil aircraft: Certifications required , subsections (a) and (b) state the following:
(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

w ithin it the following:
(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under § 21.197(c) of this chapter
, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c),9 or an authorization under § 91.611) must have on it the registration number as signed to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificat e having on it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office.
(2) An effective U.S. registration certificate issued to its owner or, for op eration within the United States, the second copy of the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign country.
(b) No person may operate a civil aircraft unless the air worthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

3

. Woolpert Seeks Exemption F rom The Requi rements Of Section 45.23(b).
Woolpert seeks an exemption from 14 C.F.R. § 45.23(b)

. Section 45.23 entitled Display
of marks; general , subsection (b)
, states the following:
(b) When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not l ess than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

4

. Woolpert Requests Relief To Exempt The Nova Block III UAS From The Restricted Category Airworthiness Ce rtif ication Standards Specified In 14 C.F.R. §21.185.

In accordance with the FAA Modernization and Reform Act of 2012, Section 333 , and
14 C.F.R. § 21.16 entitled Special Conditions
, Woolpert seeks to exempt the Nova Block III

UAS from the restricte d category airworthiness certification specified in 14 C.F.R. § 2 1 .185 , or
the requirement to have a certificate of airworthiness issued, as contemplated by 14 C.F.R. Part

21

.10 Section 21.185 entitled Issue of airworthiness certificates for restricted category aircraft
, states the following , in part :
(a) Aircraft manufactured under a production certificate or type certificate. An applicant for the original issue of a restricted category airworthiness certificate for an aircraft type certificated in the restricted category, that was not previously type certificated in any other category, must comply with the appropriate provisions of § 21.183.

C

. The Extent Of Relief Woolpert Seeks And The R eason Woolpert Seeks The Relief.

1. Extent Of Relief Woolpert S eeks And The Reason Woolpert Seeks Relief From Section 91.9(b)

. Relief is requested because the Nova Block III UAS weighs approximately fifteen ( 15 )
pounds at its maximum gross weight and cannot carry the approved Airplane Flight Manual

onboard. Furt hermore, since the Nova Block III UAS is unmanned, the aircrew member is
located at a ground control station. As such, Woolpert proposes the following conditions and
limitations to its request for exemption from Section 91.9(b):
The approved Airplane Flig ht Manual must be kept at the ground control station, where it is immediately available for reference by the aircrew member (pilot in command) of the Nova Block III UAS any time the unmanned aircraft is operating.
The approved Airplane Flight Manual must be made available within 10 days to any FAA, U.S. Department of Defense, or law enforcement official upon request.

2. The Extent Of Relief Woolpert Seeks And The Reason Woolpert Seeks Relief From Section 91.203(a) and (b)

. Wool pert requests relief from the requirement of Section 91.203(a) ( i.e., that an
appropriate and current airworthiness certificate and an effective U.S. registration certificate be

carried within the aircraft ) , and further, requests relief from the requirement of Section 91.203(b)
( i.e., that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is
legible to passengers or crew )

. As the Nova Block III UAS is unmanned, it has no cabin,
cockpit, pilot station, or entrances thereto. Therefore, t he airc rew member is located at a ground

control station and no passengers are carried at any time . As such, Woolpert proposes the11 following conditions and limitations to its request for exemption from Section s 91.203(a) and
(b):
The documents required by Sectio ns 91.203(a) and (b) must be kept at the ground control station, where it is immediately available to the aircrew member (pilot in command) of the Nova Block III UAS any time the unmanned aircraft is operating.
The documents required by 91.203(a) and (b) must be made available within 10 days to any FAA, U.S. Department of Defense, or law enforcement official upon request.

3. The Extent Of Relief Woolpert Seeks And The Reason Woolpert Seeks Relief From 14 C.F.R. § 45.23(b).
Woolpert requests relief fr om the requirement of Section 45.23(b), if applicable, that the

word “Restricted” be display ed on the Nova Block III UAS near each entrance to the cabin,
cockpit, or pilot station

. As the Nova Block III UAS is unmanned, it has no cabin, cockpit, pilot

sta tion, or entrances thereto. Therefore, Woolpert proposes that, if required, the word
“Restricted” be displayed in letters two (2) inches high
, horizontally on both sides of the fuselage

between the leading edge of the wing and the nose section of the Nova Block III UAS.

4

. The Extent Of Relief Woolpert Seeks And The Reason Woolpert Seeks Relief From 14 C.F.R. § 21.18 5

. Woolpert seeks relief from the airworthiness certificate requirements of the Federal
Aviation Regulations and proposes to commercially operate the Nova Block III UAS
, without an

airworthiness certificate
, for the special purpose of conducting aerial acquisition services over
Ship Island , pursuant to specific operating limitations and a Safety Management System
(“SMS”). Woolpert seeks rel ief from the airworthiness certificate requirements of 14 C.F.R.

§ 21.185 to the extent that the Nova Block III UAS, which has not yet been type certificate d by

the FAA , may be operated as if it were a restricted category aircraft for a single, defined, s pecial
purpose operation ( i.e. , aerial surveying).12 Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section
333”) , Woolpert seeks relief from the airworthiness certificate requirements of the FAR because
operation of the Nova Block III UAS will not create a hazard to users of the NAS , or the public
,

or otherwise pose a threat to national security

.
Sec tion 333 sets forth the requirem ents for considering whether a UAS will c reate a

hazard to users of the NAS or the public or pos e a threat to national security. Further
, Section

333 provides the authority for such UAS to operate without ai rworthiness certification.
Specifically, Section 333 states the following, in part:
(b) Assessment of Unmanned Aircraft Systems.

-- In making the de termination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operati on within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification unde r section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
As set forth below, numerous factors, including the proven safe operational history of the

Nova Block III UAS in t he NAS , as well as the specific parameters of Woolpert’s intended
operation pursuant to this exemption, demonstrate that the Nova Block III UAS has i n the past,

and will continue in the future
, to ope rate safely in the NAS without creating a hazard to othe r

a ircraft or people on the ground. Accordingly, the FAA may approve operation of the Nova

Block III UAS, witho ut an airworthiness certificate
, by setting forth specific operating

limitations to ensure a level of safety equivalent to what would be provide d by airworthiness

certification.13 D

. The Reasons Why Granting Woolpert’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As a Whole

. Initially, it is important to note that granting the present Petition for Exemption will
further the public interest , as Woolpert seeks to perform aerial acquisition and research on behalf
of the U.S. Army Corps of Engineers. Specifically, the U.S. Army Corps of Engineers has
retained Woolpert to collect imagery of Ship Island, using th e Nova Block III UAS to create an
orthorectified image for the purpose of surveying the “Hurricane Camille cut” between East Ship
Island and West Ship Island. Additionally, Woolpert was retained to perform research in order to

determine whether obtaining imagery with a UAS is more economical than traditional methods of
obtaining aerial imagery.

The Nova Blo ck III UAS is a battery powered UAS that serves as a safe, efficient, and

economic al alternative to the manned aircraft traditionally utilized to obta in aerial imagery. By
reducing the amount of manned aircraft needed to perform aerial acquisition s , an exemption
allowing the use of a Nova Block III UAS would reduce the amount of manned aircraft in the

NAS , reduce noise and air pollution, as well as inc rease the safety of life and property in the air
and on the ground. I n addition to the scientific benefits derived from the research that will be
performed on behalf of the U.S. Army Corp s of Engineers, Woolpert’s operation of the Nova

Block III UAS would also contribute to the econo mic growth of the United States, as more fully

discussed below.

Furthermore, b y reducing the number of manned aircraft operating in the NAS , congestion around airports caused by arriving and departing aircraft will be reduce d. The Nova

Block III UAS does not require an airport to takeoff or land. Likewise, a reduction of manned
aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by14 air traffic control during the ground, takeoff, de parture, arrival, and landing phases of flight
operations.
Conducting aerial acquisitions with the Nova Block III UAS
, instead of manned aircraft
, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated

d

uring traditional aerial survey flight operations. By using battery power and an electric motor, the
Nova Block III UAS produces no air pollution, and is the most viable environmentally conscious
alternative to the cabin class, six cylinder internal combu stion twin engine aircraft that are
typically utilized for aerial acquisitions, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The Nova Block III UAS, while reducing the carbon footprint of aerial
acquisitions , also eliminates noise pollution as its battery powered electric motor is barely audible
during the take

- off phase, and cannot be heard when operating more than 100 feet above ground

level.
By using the Nova Block III UAS to perform aerial acquisitio ns, the substantial risk to
life and property in the air and on the ground , which is usually associated with traditional manned
aircraft flight operations
, will be substantially reduced or completely eliminated

. Aside from the

lack of aircrew members loca ted onboard the aircraft, the Nova Block III UAS (weighing
approximately fifteen (15) pounds at its maximum gross weight with a wingspan of 108 inches and
a length of 65 inches, with no fuel on board)
, has less physical potential for collateral damage to

l ife and property on the ground
, and in the air
, compared to the manned aircraft that typically

conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of

appr oximately 40 feet, a length of 3 4 feet, and a fuel capacity of 180 gallon s).
In addition to being safe and efficient, the Nova Block III UAS is also an economical
alternative to using manned aircraft to conduct aerial acquisitions . As such, operation of the15 Nova Block III UAS will allow United States based companies , like Woo lpert, to remain

co mpetitive and contribute to growth of the U .S. economy. Specifically, with the rising cost of

aviation fuel and the Environmental Protection Agency (“ EPA ”) regulatory actions phasing out
leaded fuels, U.S. owned and operated companies m ust adopt new and alternative technology in
order to remain competitive.
Operating the battery powered Nova Block III UAS is one such technology that not only
allows companies greater operational flexibility compared to manned aircraft, but provides such
flexibility without the high operational cost of a traditional manned aircraft.
By operating the Nova Block III UAS , companies such as Woolpert can remain
competitive and profitable, and therefore provide greater job stability to employees and

contracto rs, which will ultimately contribute to growth of the U.S. economy. Improved financial
performance of U.S. companies
, through commercial use of the Nova Block III UAS
, provides a
stable workforce that increases consumer spending; improves local, state, an d federal tax
revenues; and allows companies to invest in research and development in order to remain
competitive both in the United States and abroad.

E

. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Woolpert Seeks Exemption.

1

. Reasons Why An Exemption From The Requirements Of Section 91.9(b) Would Not Adversely Affect Safety

. This exemption would maintain the level of safety established by Section 91.9(b) because
Woolpert will keep the approved Airplane Flight Manual at the ground control station where the
pilot in command flying the Nova Block III UAS will have immediate acces s to the document

. 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 control16 station of a UAS, where it can be immediately acc essed by the pilot in command. Section
91.9(b) “ requires aircraft to carry the flight manual so the pilot would have ready access to the
aircraft limitations while in flight. ” Exemption No. 8607. However, the FAA has also found
that UAS will always be o perated without any p assengers or crew onboard, and that “ requiring
these special

- use aircraft [UAS] to carry superfluous paper documents may present a safety
hazard to the integrity of the [UAS].” Id

.
The FAA has previously grant ed exemption s in circumstances similar
, in all material

res pects , to those presented herein ( e.g. , Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554,

9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968 ).

2

. Reasons Why An Exemption From The Requirements Of Section 91 .203(a) And (b) Would Not Adversely Affect Safety

. This exemption would maintain the level of safety established by Sections 91.203(a) and
(b) because Woolpert will keep the required documents at the ground control station where the
pilot in command flying the Nova Block III UAS will have immediate a ccess

. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish
that safety is not adversely affected when the Airworthiness Certificate and U.S. registration
certificate are kept at the ground control station of the UAS, where it can be immediately
accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections
91.203(a) and (b) i s better served by having the required documents in the control of the UAS

operator (pilot in command) , reasoning as follows:
The original intent of the subject regulation was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft

. . . In this case, the aircraft will always be operated without any passengers or

crew.17 The missions for which UASs are inte nded will prevent the aircraft from being available for the inspections normally prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known departure and arrival point, under the constant control of a pilot

- in

- c ommand. We also find that requiring these special

- use aircraft to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS]

. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveilla nce of [UAS] flights adequately compensate for the requirements for carrying airworthiness and registration documents. We find the intent of the regulation is better served by having the required documents in the control of the aircraft operator and available for inspection under the special conditions prescribed in this exemption.

The FAA has previously granted exemption s in circumstances similar
, in all material

res pects , to those presented herein ( e.g. , Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565,

10167, 10602, 10673, 10835, 10869, 10968 ).

3. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 45.23(b) Would Not A dversely Affect Safety.
This exemption would maintain the level o f safety established by Section 45.23(b)

because if required, displaying the word “Restricted” with two (2) inch high letters , horizontally
on both sides of the fuselage between the leading edge of the wing and the nose section of the

Nova Block III UAS
, will inform all parties of the unmanned a ircraft’s overall operating status.
Significantly, Woolpert will display the word “Restricted” in two (2) inch high letters in
compliance with size requirement of Section 45.23(b) ( i.e. , “ letters not less than 2 inches nor
more than 6 inches high ”). By placing the letters horizontally on both sides of the fuselage
between the leading edge of the wing and the nose section of the Nova Block III UAS, will

ensure that the word “Restricted” is the in most visible location
, so that all parties will be

informe d of the unmanned aircraft’s overall operating status. See Figure 1, page 4.

The FAA has previously granted exemption s in circumstances similar
, in all material

respects , to those presented herein ( e.g

. , Exemption Nos. 8737, 10167, 10167A, 10700, 10810 ).18 4

. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 21.185 , Including The Requirement To Have A Certificate O f Airworthiness , Would Not A dversely Affect Safety

. In seeking this exemption, Woolpert submits that the Nova Block III UAS can operate
safely in the NAS above Ship Island without creating a hazard to other a i rcraft or people on the
ground. Accordingly, the FAA may approve its use witho ut an airworthine ss certificate as
demonstrated by: ( i ) the safe operational history and cur rent use of the Nova Block III UAS in

the NAS ; ( ii ) the characteristics of the Nova Block III UAS ; ( iii ) the limited area of Woolpert’s
intended operation; ( iv ) the Safety Management System Woolpert has developed for Nova Block

III UAS operations and maintenance ; ( v ) the commercial pilot requirement; ( vi ) the specific
operating limitations ; and ( vii ) any other conditions that the Administrator may prescribe.

i. T he Nova Block III UAS Has A Proven History O f Operation In The NAS Pursuant To A Cert ificate Of Authorization (“COA”).

The Nova Block III UAS is currently operating safely in the NAS pursuant to
approximately fourteen (14) Certificates of Authorization (“COA”) granted by the FAA to the
Middle Tennessee State University ; Sinclair Community College in Ohio ; the U

. S

. Army Corps
of Engineers ( Jacksonville District
, for operations in South Florida ); Mississippi State University

for the Pearl River Basin ; and the University of Florida . The U.S. Army Corps of Engineers will
be operating the Nova Block III UAS pursuant to an additional five COA s in the foreseeable

future
, pending approval by the FAA.

ii. The Specifications Of The Nova Block III UAS Demonstrate Its Safe Characteristics.

The Nova Block III UAS does not create a haz ard to users of the NAS or the public, or
otherwise pose a threat to national security considering its size, weight, speed, or operational
capability. The specifications of the Nova Block III UAS are as follows:19 Unmanned Aircraft System The Nova Block I II is an Unmanned Aircraft System that is comprised of an amphibious unmanned aircraft and a transportable ground station.

Serial No. 3001

Unmanned Aircraft Dimensions Wingspan: 108 in. Length: 65 in.

Engine (Propulsive Unit) Engine (Propulsive Unit)
(1) Altavian Inc. P/N : 30027 (Electric) FAA Engine Type Cert: None Propulsive Unit Type: 25V, 11 Amp Hour c apacity, Lithium ion battery powered, direct drive electric motor

Motor, Electric Sub

- Assembly: Manufacturer: NeuMotor Model: 1509 2.0 HP Peak Power Direct Drive 10 oz. Wt.

Motor, Controller Sub

- Assembly: Manufacturer: Castle Creation Model: Phoenix Ice 100 Type: Speed Controller 100 Amps Maximum 4.6 oz. Wt.

Motor, Battery: Manufacturer: MaxAmps, Inc

. Type: Lithium Ion 11 Amp h our 22.2V (nominal)

Fuel Not A pplicable. NOTE: The Nova Block III UAS is powered by a Lithium Polymer rechargeable battery, Altavian P/N 30142

.20 E ngine (Propulsive Unit) Limits Maximum Power Output: 2.0 HP Maximum RPM: 60,000 RPM (reduced to a propeller RPM of 7,200) Maximum Motor Temperature: 170 °F ( 7 7 °C) NOTE : The motor temperature is not displayed to the operator

. Maximum motor, controller sub

- assembly temperature: 194 °F (90 °C) Minimum voltage, motor battery during pre

- flight engine run up after 3 sec

. at max throttle: 22.6V

Propeller and Propeller Limits (1) Altavian Inc

. P/N 30360 FAA Propeller Type Certificate: None Propeller Type: 2

- blade, hinged (folding), carbon fiber reinforced plastic, fixed pitch, tractor
Propeller Sub

- Assembly : Manufacturer: Aeronaut Model: CAM 15x13 Diameter (Nominal): 15 in

.

Battery Command & Control Nova Air Vehicle Battery P / N 30142 powers the motor, and battery command and control

.

Airspeed Limits Vne (Never Exceed Speed) 58 knot (30 m/s) Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) Va (Maneuvering Speed) 48 knots (25 m/s) Landing Speed: 27 knots (14 m/s)

Empty Weight C.G. Range 20.2

– 21.7 inches aft of datum

Datum Front of Motor Case21 Mean Aerodynamic Chord (MAC) 13 in

. long with leading edge 21.2 in

. from nose

Leveling Means Not A pplicable

.

Maximum Weights Ramp 15 lbs

. Takeoff 15 lbs

. Landing 15 lbs

.

Empty Weight 8.35 lbs.

NOTE : Empty Weight Excludes weight of battery and payload modules

.

Frequencies 902

- 928 MHz (ISM Band) 2.4 GHz (ISM Band)

NOTE : FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized, u plink, downlink, and video are all on 2.4 Ghz.

Computer Software Avionics embedded processor
, P/N 30138

Minimum Crew (1) The Nova Block III UAS can be operated by a single operator.

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1 , 000 ft

. AGL (304 M)22 Control Surface

Movements Wing Flaps N/A

Aileron Up 30 ° Down 30 °

“V” tail eleva tor action Up 60° Down 60 °

“V” tail rudder ac tion Up 60° Down 60 °

“V” tail max. combination

Rudder elevator action Up 60° Down 60 °

Nominal Endurance 90 minutes above 32 °F (0 °C) 45 minutes below 32 °F (0 °C)

Ambient Outside Air Temperature (OAT) Maximum OAT: 120 ° F (49 ° C) Minimum OAT At Altitude:

- 20 ° F (

- 29 ° C )

Wind Limitation 19 knots

Maintenance This Nova Block III UAS must be maintained in accordance with the Altavian Nova Maintenance Operation Manual, or later FAA accepted revision

.

iii. Flight O perations P ursuant T o T he E xemptio n So ught Would Be L imited T o S hip Island W hich I s Not In T he P roximity O f A irports O r P opulated A reas.
Pursuant to an agreement with the U.S. Army Corps of Engineers, as well as a Scientific
Research and Collecting Permit issued by the United States Department of th e Interior (National
Park Service), Woolpert’s operation of the Nova Block III UAS will be limited to Ship Island,
which is comprised of two Mississippi barrier islands located approximately eleven (11) miles
south of Gulfport and Biloxi, Mississippi. Ship Island is part of the Gulf Islands National

Seashore, and is accessible only by boat. As a result, the intended area of operation, pursuant to
the exemption, is not within proximity of airports or populated areas.23 The specific area of flight operations proposed by Woolpert for the Nova B lock III UAS

would occur over Ship Island, in the general region delineated by a polygon with following
coordinates (expressed in latitude and longitude, decimal degrees, WGS84):
(30.22249,

- 88.99561),
(30.26371,

- 88.85842),
(30.22356,

- 88.85174),
(30.19937,

- 88.99172)

. The intended area of Woolpert’s flight operations of the Nova Block III UAS is the
physical extent of Ship Island. Ship Island appears on the New Orleans (SNO) VFR Sectional
Chart as provided in Figure 2

.

Figure 2 : New Orleans (SNO) VFR Sectional view of Ship Island.24 Figure 3 : Region of the Gulf Coast Containing Ship Island (Outlined) Ship Island is located approximately 10 miles from the coast and has no inhabitants,

roads or vehicular traffic. Additi onal detail is provided in Figure 4

.

Figure 4 : Ship Island (Outlined), Surrounding Islands, and Location Relative to Gulfport.25 Figure 5 shows the physical outline of Ship Island, which is also the boundary of where
the proposed flight operations will occur. A bounding polygon comprised of four corners is also
shown for convenience. However, this contains large amounts of water that will not be part of
flight operations.

Figure 5 : Ship Island and Actual Flight Boundary (Inner Polygon) and Approximate Bounding Polygon.26 To further illustrate the area of intended flight operations, the flight plan for Nova Block
III UAS operations is shown in Figure 6

.

Figure 6 : Flight Lines for Operations at Ship Island Additional detail for the proposed flight lines for the Nova Block III UAS is shown in
Figure 7 . The flight lines are closely delineated by the physical extent of Ship Island and its

littoral waters.

Figure 7 : Increased Detail of Nova Block III UAS Flig ht Lines27 The flight lines depicted in Figures 6 and 7 (above) are typical of the flight lines used in
aerial acquisition for the purposes of surveying and mapping.

iv. O peration Of The Nova Block III UAS Will Be I n Accordance With A Safety Managemen t System.
A Safety Management System ( “ SMS ” ) will regulate Woolpert’s operation of the Nova

Block III UAS and will significantly contribute to maintaining the level of safety contemplated
by the airworthiness certificate requirements from which Woolpert now seeks relief.

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general) , e ach

p erson performing maintenance, alteration, or preventive maintenance on the Nova Block III

UAS , motor , propeller, or appliance shall use the methods, techniques, and practices prescribed

in the current manufacturer's maintenance manual or Instructions for C ontinued Airworthiness
prepared by its manufacturer, or other methods, techniques, and practices acceptable to the

Administrator . Each person shall use the tools, equipment, and test apparatus necessary to assure
completion of the work in accordance with accepted industry practices.
A copy of the SMS, which is propriet ar y information
, is attached hereto as Exhibit B , and
is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). 3

v. Flight Operations Of The Nova Block III UAS Are Limited To The Line Of Sight Of A Commercial Certificated Pilot in Command With A Safety Observer.
Woolpert will only utilize Commercial Pilot s with a valid First or Second Class Airman

medical certificate to act as pilot in command of the Nova Block III UAS. Additionally, all
pilots will be assisted by a safety observer. The pilot in command and safety observer must meet
the requirements as set forth by the SMS and Standard Operating Procedur es adopted by

3 Exhibit s to this Petition are propriet ar y information, and in accordance with 14 C

. F

. R

. 11.35(b),

are not to be included in the Federal Docket Management System (FDMS).28 Woolpert for flight operations of the Nova Block III UAS. A copy of the Standard Operating

Procedures , which is propriet ar y information
, is attached hereto as Exhibit C , and is to be held in
a separate file pursuant to 14 C.F.R. § 11.35(b). 4

vi. Flight s Would B e Conducted Pursuant To S pec ific Operating L imitations.
In seeking this exemption, Woolpert proposes to commercially operate the Nova Block

III UAS without satisfying the restricted category airworthiness certification process specified in

14 C.F.R. § 21.185 , or otherwise having a certificate of airworthiness issued by the FAA, as
contemplated by 14 C.F.R. Part 21

. Woolpert proposes to operate the Nova Block III UAS
, for
the special purpose of conducting aerial acquisitions of Ship Island
, pursuant to the following
specific operating limitations:

1. Flight operations are permitted only in the designated area of Ship Island within a
geographic boundary identified by the following latitude and longitude coordinates:
(30.22249,

- 88.9 9561), (30.26371,

- 88.85842), (30.22356,

- 88.85174), (30.19937,

- 88.99172).

2. The Nova Block III UAS shall only be operated at or below 400 ft. above ground
level ( AGL )

.
3. T he Nova Block III UAS shall be operate d within one mile , and within line of sight
,
of t he pilot in command and safety observer.

4. The Nova Block III UAS shall be operated pursuant to Day Visual Flight Rules
(VFR) in visual meteorological conditions (VMC) . The Nova Block III UAS shall be
operated only during daylight hours ( i.e. between the end of morning civil twilight

4 Exhibits to this Petition are proprietary information, and in accordance with 14 C

. F

. R

. 11.35(b), are not to be included in the Federal Docket Management System (FDMS).29 and the beginning of evening civil twilight, as published in the American Air
Almanac, converted to local time).

5. The duration of each flight shall not exceed 1.5 hours

.
6. The Nova Block III UAS shall operate from on

- site takeoff/landing locations directly

next to the pilot in command and co

- located safety o bserver. If the operation is from a

watercraft, the pilot in command and safety o bserver shall remain co

- located on the

same watercraft.

7. Operations shall be conducted by commercially certificated airmen who have
completed training, checking, currency, and recency of experience requirements as
approved by the FAA Administrator.

8. Operation of the Nova Block III UAS with any inoper ative instrum ents or equipment
is prohibited.

9. T he Nova Block III UAS shall be maintained in accordance with the Manufacturer’s

Maintenance Manual.

10. The Nova Block III UAS shall be operated pursuant to 14 C.F.R. P art 91, operating
requirements

.
11. For the proposed flight op eration
, only one Nova Block III UAS shall be airborne at
any given time.

12. Prior to flight operations, Woolpert shall coordinate and establish two way
communications with the nearest Air Traffic Control facility.

13. For any flight operations over U.S. Governm ent or state manage d land s, Woolpert

shall coordinate with the appropriate authority and ensure that the property owners

have at least twelve (12) hours of advance notice prior to the proposed flight30 operations. C oordination shall include anticipated periods of operation, purpose of
the flights, and contact information for the operator should questions or issues arise.

vii

. Any Other Conditions T he FAA May Prescribe For Safe Operation.

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 2012 and

14 C.F.R. § 21.16 entitled Special Conditions , Woolpert requests that the FAA prescribe special
conditions for the intended operation of the Nova Block III UAS that contain such safety

standards that the Admini strator finds necessary to establish a level of safety equivalent to that
established by Section 21.18 5 , and which will permit safe operation of the Nova Block III UAS
for the special purpose of conducting aerial acquisitions over Ship Island. Sec tion 333 sets forth
the requirem ents 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 certificat ion in accordance with any requirements that
must be established for the safe operation of the aircraft systems in the NAS

.
Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16 , for operation of the Nova Block III UAS , since the airworthiness regulations of 14
C.F.R. Part 21 do not contain adequate o r appropriate safety standards
, due to the novel or
unusual design features of the aircraft . Section 21.16, entitled Special Conditions , states the
following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.1631 Therefore, in accordance with Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may prescribe
special conditions for Woolpert’s intended operation of the Nova Block III UAS , which contain
such safety standards that the Administrator finds necessary to establish a level of safety
equivalent to that established by Section 21.18 5 , and which will permit safe operation of the

Nova Bloc k III UAS for the special purpose of conducting aerial acquisition s over Ship Island.

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 exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185.
A Brief Description Of The Nature Of The Exemption Woolpert Seeks:
This exemption will permit Woolpert, Inc. to operate an Unmanne d Aircraft System while keeping the documents required by the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the exemption will relieve Woolpert , Inc. from the airworthiness certificate standards and the requirement to have a certificate of airworthiness f or its Unmanned Aircraft System. This exemption will also permit any required markings concerning the operational status of the UAS to be displayed on the fuselage of the unmanned aircraft.

G. Any Additional Information, Views, Or Arguments Available To Support Woolpert’s Request.

This Petition is made p ursuant to the FAA Modernization 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 exemption may be granted pursuant
to the authority of Sec tion 333 and 14 C.F.R. Part 11, as set forth above.
Sec. 333 sets forth the require ments for considering whether a UAS will creat e a hazard

to users of the NAS or the public or pose a threat to national security; and further, provides the
authority for such UAS to operate without airworthiness certification. Sec tion 333 states the
following:32 (a) In General.

-- Notwithstanding any ot her requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimu m

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national ai rspace system or the public or pose a threat to national security; and
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).
(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airspace system.

As discussed in detail above , the Nova Block III UAS has in the past, and will continue

in the future
, to operate safely in the NAS without creating a hazard to users of the NAS , or the
public
, or otherwise pose a threat to national security

.
CONCLUSION
As set forth above, Woolpert seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Section 333 of the FAA Modernization and Reform Act of 2012
, which will permit safe
operation of the Nova Block III UAS commercially
, without an airworthiness certificate
, for the
special purpose of conducting aerial acquisitions over Ship Island

. By granting this Petition, the

FAA Administrator will be fulfill ing the Congressional mandate of the FAA Modernization and

Reform Act of 2012, while also advancing the interests of the U.S. Army Corp s of Engineers, the33 Department of the Interior, and the public
, by allowing Woolpert to safely, efficiently, and
economically ope rate the Nova Block III UAS commercially with in 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 Petitio n for an exemption from the requirements of 14 C.F.R. §§
91.9(b), 91.203(a), 91.203(b)
, 45.23(b), as well as the restricted category airworthiness
certification standards specified in 14 C.F.R. § 21.185 , including the requirement to have a

certificate of a irworthiness issued for the Nova Block III UAS, as contemplated by 14 C.F.R.

Part 21.

Dated: June 13 , 2014 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.