UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SURDEX CORPORATION

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

ALTAVIAN NOVA F6500 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on March 16, 2015

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

Attorney for Petitioner
2

TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .................................................................................3

SUMMARY.........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER .................................................4

BACKGROUND .................................................................................................................4

BASIS FOR PETITION ......................................................................................................6

NAME AND ADDRESS OF PETITIONER.................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH SURDEX

CORPORATION SEEKS EXEMPTION......................................................................8

THE EXTENT OF RELIEF SURDEX CORPORATION SEEKS AND THE 

REASON SURDEX CORPORATION SEEKS THE RELIEF...................................12

THE REASONS WHY GRANTING SURDEX CORPORATION'S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ...............................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........40

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT SURDEX CORPORATION'S REQUEST .........................................40

CONCLUSION.................................................................................................................41
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle 

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer
4

SUMMARY

Surdex Corporation seeks exemption from the requirements of 14 C.F.R. §§ 61.113(a), 

91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 (FMRA). This exemption will permit Surdex Corporation to operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial acquisitions 

and research within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Surdex Corporation (hereinafter referred to as “Surdex”) is among the top ten geospatial 

services providers in North America. Headquartered at Spirit of St. Louis Airport in Chesterfield, 

Missouri, in the greater St. Louis metropolitan area, Surdex Corporation has been in business 

since 1954. Surdex provides quality services, such as aerial survey acquisition, aerial 

photography, orthophotography, planimetric mapping, topographic mapping, geographic 

information systems, and LiDAR services, to numerous clients throughout the various levels of 

government, the engineering industry, the energy industry, and the forestry market.

As set forth in this Petition, Surdex seeks to commercially operate its Altavian Nova

F6500 UAS within the NAS for the purpose of conducting aerial acquisitions and research.

BACKGROUND

Unmanned Aircraft System: Altavian Nova F6500 UAS

Surdex seeks an exemption to operate the Altavian Nova F6500 UAS (also known as the 

Nova Block III UAS), for compensation or hire within the National Airspace System (“NAS”). 

The Nova F6500 UAS is comprised of an amphibious unmanned aircraft (UA) and a

transportable ground control station. The Nova F6500 UA has a maximum gross weight of 
5

approximately fifteen (15) pounds, while having a wingspan of 108 inches and a length of 65 

inches. The Nova F6500 UA is equipped with a single propeller driven by a Lithium Polymer 

battery powered electric motor. 

The Nova F6500 UA that will be operated by Surdex will be registered in accordance 

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R. Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking.

Figure 1: The Nova F6500 UA.

Previous Sec. 333 Grant Of Exemption and the

Proven Operational History of the Nova F6500 UAS

On December 10, 2014, Woolpert, Inc. was granted two exemptions pursuant to Sec. 333, 

FMRA, to commercially operate the Nova F6500 UAS (also known as the Nova Block III) for 

the purpose of conducting precision aerial surveys over certain rural areas of the state of Ohio 

(Regulatory Docket No. FAA-2014-0506, Exemption No. 11111) and Ship Island, Mississippi 
6

(Regulatory Docket No. FAA-2014-0398, Exemption No. 11114). As such, the Nova F6500 

UAS has already been granted exemptions pursuant to Sec. 333, FMRA, to operate commercially

in the NAS for the purpose of performing aerial acquisitions. 

In addition to receiving an Airworthiness Release Qualification Level 3 from the U.S. 

Army, the Nova F6500 UAS is currently operating safely within the NAS pursuant to 

approximately fifteen (15) Certificates of Authorization (“COA”) granted by the Federal 

Aviation Administration (“FAA”) to Middle Tennessee State University; Sinclair Community 

College in Dayton, Ohio; the U.S. Army Corps of Engineers (Jacksonville District and Mobile 

District); 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 F6500 UAS pursuant to 

additional COAs in the foreseeable future, pending approval by the FAA.

BASIS FOR PETITION

Petitioner, Surdex Corporation, by and through undersigned counsel, pursuant to the 

provisions of the 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 to operate the Nova F6500 UAS within the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R. §§ 61.113(a), 91.7(a), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Surdex’s operation of the Nova F6500 UAS meets the 

conditions of Section 333 and will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 
7

Therefore, Surdex requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply 

to aircraft with an airworthiness certificate. 

Surdex submits that the requested relief is proper since an equivalent level of safety will 

be ensured. Surdex will use its technicians to perform maintenance, alterations, or preventive 

maintenance on the unmanned aircraft system using the methods, techniques, and practices 

prescribed in the manufacturer’s maintenance manual. Furthermore, Surdex will document and 

maintain all maintenance records for the Nova F6500 UAS. 

Relief from certain requirements of Section 61.113(a), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by Surdex to the extent necessary to allow a Pilot 

in Command (PIC) holding a private pilot certificate and an airman medical certificate, and who 

has completed the Nova F6500 UAS training and currency requirements, to conduct the 

proposed UAS operations. Surdex submits that the conditions and limitations set forth herein 

will ensure the safety of the NAS, as well as the safety of persons or property on the ground.

Surdex seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because 

the Nova F6500 UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, Surdex submits that it will ensure that the Nova F6500 UAS is in 

an airworthy condition, prior to every flight, by determining that the UAS is in compliance with

the Nova F6500 UAS Operator Manual, the Nova Family of Systems Operations Manual, and 

the Nova F6500 UAS Maintenance Manual, and that the UA is in condition for safe flight.

Surdex also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, because the altitude reporting equipment of the Nova F6500 UAS is set to a 

pressure level of zero feet above ground level (AGL), rather than local barometric pressure or 
8

field altitude, before each flight. The altitude information of the Nova F6500 UA is provided to 

the PIC via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a 

radio communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. A level of safety equivalent to Section 91.121 will be ensured as 

the altitude of the Nova F6500 UA will be reported to air traffic control (ATC) in feet AGL, and 

Surdex will operate the Nova F6500 UA within visual line of sight, at or below 400 feet AGL.

Surdex also seeks an exemption from the requirements of Section 91.151(a)(1), Fuel 

requirements for flight in VFR conditions. Surdex submits that safety will not be affected by 

terminating flights of the battery powered Nova F6500 UA after 80 minutes of continuous 

operation, with 10 minutes remaining battery power. 

In accordance with 14 C.F.R. § 11.81, Surdex provides the following information in 

support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Surdex Corporation

520 Spirit of St. Louis Blvd.

Chesterfield, MO 63005

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

1. Surdex Seeks Exemption From The Requirements Of Section 61.113(a).
9

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

subsections (a) prescribes the following, in 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.

2. Surdex Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Surdex Seeks Exemption From The Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in relevant 

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure; 

4. Surdex Seeks Exemption From The Requirements Of Section 91.151(a)(1).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (a)(1), 

states the following:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed--
10

(1) During the day, to fly after that for at least 30 minutes[.]

5. Surdex Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]

6. Surdex Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 

of this chapter[.]

7. Surdex Seeks Exemption From The Requirements Of Sections 91.409(a)(1) 

And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

8. Surdex Seeks Exemption From The Requirements Of Sections 91.417(a) 

And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:
11

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:
12

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent Of Relief Surdex Seeks And The Reason Surdex Seeks The Relief.

1. Extent of Relief Surdex Seeks And The Reason Surdex Seeks Relief 

From Section 61.113(a).

Relief from Section 61.113(a), entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot certificate 

and an airman medical certificate, and who has completed the Nova F6500 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) state that no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

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

maintained because no PIC will be allowed to operate the Nova F6500 unless that PIC has met 

certain flight-hour and currency requirements, demonstrating that the PIC is able to safely 

operate the Nova F6500 UAS in a manner consistent with the operations specifications as set 

forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures.
13

Further, Surdex submits that the additional airmanship experience of a commercially 

certified pilot would not correlate to the airmanship skills necessary for the Surdex’s specific 

proposed operations.

2. Extent of Relief Surdex Seeks And The Reason Surdex Seeks Relief 

From Section 91.7(a).

Relief from Section 91.7(a), entitled Civil aircraft airworthiness, is requested to the 

extent required to allow Surdex to determine that the Nova F6500 UAS is in an airworthy 

condition prior to every flight by ensuring that the UAS is in compliance with the Nova F6500

UAS Operator Manual, the Nova Family of Systems Operations Manual, and the Nova F6500 

UAS Maintenance Manual, and that the UA is in condition for safe flight. Copies of the 

manuals, which contain proprietary information, are attached hereto as Exhibits A, B, and C, 

respectively, and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) .

Surdex seeks the requested relief because the Nova F6500 UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Surdex

will ensure that the Nova F6500 UAS is in an airworthy condition based upon its compliance 

with the operating documents prior to every flight, and as stated in the conditions and limitations 

below.

3. Extent of Relief Surdex Seeks And The Reason Surdex Seeks Relief 

From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the Nova F6500 UAS, because the Nova F6500 UA’s altitude reporting equipment

may be set on the ground to a pressure level of zero feet AGL, rather than local barometric 

pressure or field altitude, before each flight. The Nova F6500 UAS utilizes a barometric 
14

pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). 

Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 

91.121 is sought to the extent necessary to comply with the applicable conditions and limitations 

stated below. As more fully set forth herein, a level of safety equivalent to Section 91.121 will 

be ensured as the altitude of the Nova F6500 UA will be reported to air traffic control (ATC) in 

feet above ground level (AGL), and Surdex will operate the Nova F6500 UA within visual line 

of sight, at or below 400 feet AGL.

4. Extent Of Relief Surdex Seeks And The Reason Surdex Seeks Relief 

From Section 91.151(a)(1).

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of the 

battery powered Nova F6500 UA during daylight hours in visual flight rules (VFR) conditions to 

continue for a total duration of 80 minutes, with 10 minutes of battery power remaining. Surdex

seeks the requested relief because without an exemption from Section 91.151(a)(1), the flight 

time duration of the battery powered Nova F6500 UA will be reduced by one third, which would 

severely constrain the practicality of any aerial acquisition and research operations that Surdex

proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Nova F6500 UAS, the 

Nova F6500 UAS operating documents, and Surdex’s proposed operating limitations, ensure that

Surdex will safely operate the battery powered Nova F6500 UA during daylight hours in VFR 

conditions for a total duration of 80 minutes, with 10 minutes of battery power remaining. 

5. Extent Of Relief Surdex Seeks And The Reason Surdex Seeks Relief 

From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).
15

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, Surdex requests relief from these Sections 

because the Nova F6500 UAS does not require an airworthiness certificate. As set forth more

fully below, the Nova F6500 UAS meets the conditions of Section 333 for operation without an 

airworthiness certificate. Accordingly, Surdex will use technicians to perform maintenance, 

alterations, or preventive maintenance on the unmanned aircraft system using the methods, 

techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, 

Surdex will document and maintain all maintenance records for the Nova F6500 UAS. 

D. The Reasons Why Granting Surdex’s Request Would Be In The Public 

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

Granting the present Petition will further the public interest by allowing Surdex to safely, 

efficiently, and economically perform aerial acquisitions and research within the NAS, 

commercially, in support of government entities, agriculture, scientific studies, forestry, the 

engineering industry, and the energy industry. Additionally, use of the Nova F6500 UAS will 

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the 

economy. Notably, the benefits of the proposed operation of the Nova F6500 UAS will be 

realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition And Research 

Performed.

Surdex submits this Petition to commercially operate the Nova F6500 UAS and perform 

aerial acquisition and research within the NAS, in support of government entities, agriculture, 

scientific studies, forestry, the engineering industry, and the energy industry. The Nova F6500

UAS will provide safe, efficient, and economical aerial acquisition and research operations to 

further each of these fields, all of which are critical to the well-being of the general public.
16

The specific operations that Surdex will perform with the Nova F6500 UAS demonstrate 

how the requested exemption will directly benefit the above-referenced industries and the public. 

In the engineering industry, the aerial acquisition performed by the Nova F6500 UAS will be 

used to preview possible sites for construction projects and provide precise topographic 

information about selected sites. In the oil and gas industry, the Nova F6500 UAS will be used to 

aid in facility inspections, surveying and planning new worksites, volumetric analysis, and 

performing right of way analysis. The Nova F6500 UAS will also further environmental 

management by providing precise vegetation analysis.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

The Nova F6500 UA is battery powered and serves as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use 

of a Nova F6500 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The Nova 

F6500 UA 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 by 

air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight 

operations. 

3. The Public Will Benefit From The Safety And Efficiency Of The Nova F6500 

UAS.

Conducting aerial acquisitions with the Nova F6500 UAS, instead of manned aircraft,

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated 
17

during traditional aerial survey flight operations. By using battery power and an electric motor, the 

Nova F6500 UAS produces no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are 

typically utilized for aerial acquisitions, while burning approximately 20-30 gallons per hour of 

leaded aviation fuel. The Nova F6500 UA, 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 F6500 UAS to perform aerial acquisitions, 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 located onboard the aircraft, the Nova F6500 UA (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 

life 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 

approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Performing Aerial Acquisition Operations With The Nova F6500 UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the Nova F6500 UAS is also an economical 

alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the 

Nova F6500 UAS will allow United States based companies, like Surdex, to remain competitive 

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, 
18

U.S. owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered Nova F6500 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 F6500 UAS, companies such as Surdex can remain competitive 

and profitable, and therefore provide greater job stability to employees and contractors, which 

will ultimately contribute to growth of the U.S. economy. Improved financial performance of 

U.S. companies, through commercial use of the Nova F6500 UAS, provides a stable workforce 

that increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in the 

United States and abroad. 

5. There Are No Privacy Issues.

Like the manned aerial acquisition flight operations that have been conducted for 

decades, the proposed operation of the Nova F6500 UAS will not implicate any privacy issues. 

Specifically, the Nova F6500 UAS will be operated in accordance with operating limitations set 

forth herein and the Federal Aviation Regulations, including the minimum altitude requirements 

of 14 C.F.R. § 91.119. Most significantly, the Nova F6500 UAS will not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the 

operation.

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 Surdex Seeks Exemption.

1. Reasons Why The Nova F6500 UAS Meets The Conditions Of The FAA 

Modernization And Reform Act Of 2012 (FMRA) Section 333.
19

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Surdex’s operation of the Nova F6500 UAS meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for UAS to operate without airworthiness certification and 

sets forth 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. Specifically, FMRA Section 333 

states the following, in part:

(a) In General.--Notwithstanding any other 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 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 operation 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 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 in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft systems 

in the national airspace system.

In seeking this exemption, Surdex submits that the Nova F6500 UAS can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the safe operational history

and current use of the Nova F6500 UAS in the NAS; (b) the characteristics of the Nova F6500

UAS; (c) the private pilot certification requirement; and (d) the specific operating limitations.
20

a. The Nova F6500 UAS Has A Proven History Of Operation In The 

NAS Pursuant To A Certificate Of Authorization (“COA”).

The Nova F6500 UAS has already been granted exemptions pursuant to Sec. 333 to 

operate commercially in the NAS for the purpose of performing aerial acquisitions. On 

December 10, 2014, Woolpert, Inc. was granted two exemptions pursuant to Sec. 333 to 

commercially operate the Nova F6500 UAS (also known as the Nova Block III) for the purpose 

of precision aerial surveys over certain rural areas located within the state of Ohio (Regulatory 

Docket No. FAA-2014-0506, Exemption No. 11111) and Ship Island, Mississippi (Regulatory 

Docket No. FAA-2014-0398, Exemption No. 11114). 

In addition to receiving an Airworthiness Release Qualification Level 3 from the U.S. 

Army, the Nova F6500 UAS is currently operating safely within the NAS pursuant to 

approximately fifteen (15) Certificates of Authorization (“COA”) granted by the Federal 

Aviation Administration (“FAA”) to Middle Tennessee State University; Sinclair Community 

College in Dayton, Ohio; the U.S. Army Corps of Engineers (Jacksonville District and Mobile 

District); 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 F6500 UAS pursuant to 

additional COAs in the foreseeable future, pending approval by the FAA. 

b. The Specifications Of The Nova F6500 UAS Demonstrate Its Safe 

Characteristics. 

The Nova F6500 UAS does not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability. 

i. Technical Specifications Of The Nova F6500 UAS.

Unmanned Aircraft The Nova F6500 is an Unmanned Aircraft System that is comprised 
21

System of an amphibious unmanned aircraft and a transportable ground 

station.

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 capacity, 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 hour

22.2V (nominal)

Fuel Not Applicable.

NOTE: The Nova F6500 UAS is powered by a Lithium 

Polymer rechargeable battery, Altavian P/N 30142.
22

Engine (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 (77 °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 Case

Mean Aerodynamic 

Chord (MAC)

13 in. long with leading edge 21.2 in. from nose
23

Leveling Means Not Applicable.

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, uplink, downlink, and video are all on 

2.4 Ghz.

Computer Software Avionics embedded processor, P/N 30138

Minimum Crew (1) The Nova F6500 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 1,200 ft. AGL 
24

ii. The Nova F6500 UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined 

Operational Area.

A complete description of the autonomous modes and methods of navigation for the 

Nova F6500 UAS is provided in the Nova F6500 UAS Operator Manual at pages 7-2 through 7-

4. A copy of the Nova F6500 UAS Operator Manual, which contains proprietary information, is 

Control Surface 

Movements

Wing Flaps N/A 

Aileron Up 30° Down 30°

“V” tail elevator action Up 60° Down 60°

“V” tail rudder action 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 F6500 UAS must be maintained in accordance with the 

manufacturer’s maintenance manual, or later FAA accepted revision.
25

attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 

11.35(b)1.

iii. The Nova F6500 UAS Is Designed For Complete Autonomy 

From Launch To Landing Even In The Unlikely Event Of Loss 

 Of The Control Link Or Navigation.

Although a degradation or loss of the control link, and/or degradation or loss of the 

source of navigation, is unlikely, it is a situation that is well planned for and therefore, is a 

benign event. The Nova F6500 UA is designed for complete autonomy from launch to landing 

with a line of sight operator in the loop monitoring the airframe. 

The Nova F6500 unmanned aircraft (UA) uses a two-stage failsafe approach for all 

avionics failure conditions, including the event of a loss of communications (“Lost Link”). Upon 

loss of the communication signal, the Nova F6500 UA will attempt to reacquire the link. If after 

10 seconds the link has not been reacquired, the Nova F6500 UA will continue to attempt to 

reacquire the link while maintaining the current altitude and navigating to the home waypoint, 

which is the same as the location of the ground control station. Once at the home waypoint, the 

Nova F6500 UA will loiter while continuing its attempt to reacquire the link for 300 seconds (to 

allow for rebooting of the ground control station, if needed). The Nova F6500 UA will then 

continue to attempt to re-acquire the link while it navigates through the landing procedure. 

The landing procedure for Lost Link is identical to a normal landing procedure. The 

Nova F6500 UA will descend from “minimum safe altitude” to a breakout altitude (site specific) 

while continuing to loiter around the rally point. Once at the breakout altitude, the Nova F6500

UA will depart the loiter along a tangential path toward the touchdown spot. The Nova F6500

 

1 Exhibits to this Petition contain 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).
26

UA will descend on glide slope from the tangent point to the touchdown spot, slowing down to 

flair speed (12m/s) in the final moments before touchdown and automatically flare 3 meters

above the ground.

Loss of GPS signal will result in a two-tiered recovery approach. Upon loss of a GPS 

signal, the Nova F6500 UA will immediately enter a loiter orbit in an attempt to reacquire a 

signal. If after 15 seconds, GPS is not reacquired, the UA will enter tier two. At any time in tier 

one or two, the operator can take over with augmented control and utilize its onboard 

magnetometer to navigate back to the home waypoint through dead reckoning. During this 

failure mode, the observer will call out UA position and movement back to the operator. Once 

the UA is close enough to resolve orientation, or if operating with a live video payload, the 

operator can engage manual control and perform a manual landing at the pre-decided landing 

site. 

If a cascade of failures has occurred and Lost-Link has also occurred during tier two, the 

Nova F6500 UA will enter into a loiter-land procedure; descending in a loiter while reducing 

speed until contact with the ground at flair speed. During this decent, the Nova F6500 UA is still 

in controlled flight and at touchdown the forward speed should not exceeded 11 m/s with the 

propeller off, minimizing damage to anything that the Nova F6500 UA may contact.

The Nova F6500 UAS Operator Manual at Chapter 9 “Emergency Procedures” fully 

describes the features of the Nova F6500 UA and sets forth the unmanned aircraft’s operation in 

the event of a power loss, loss of communications, loss GPS, loss of video link, or software 

crash. A copy of Nova F6500 UAS Operator Manual, which contains proprietary 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).
27

iv. The Nova F6500 Ground Control Station And Its Operation.

A complete description of the operation and specifications of the ground control station 

(GCS) and flight control software for the Nova F6500 UAS is provided in the Nova F6500 UAS 

Operator Manual at Chapter 2. A complete overview of the features and operation of the GCS 

software is provided at Chapter 7. A copy of the Nova F6500 UAS Operator Manual, which 

contains proprietary 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).

v. Safe Mobile Operation Of The Nova F6500 UAS.

The Nova F6500 UAS may be safely operated by a Pilot in Command (PIC) and safety 

observer co-located with a GCS on a mobile vehicle or watercraft, in order to efficiently perform 

aerial acquisition operations of large areas. As set forth in the Nova Family of Systems 

Operations Manual at page 6-4, additional limitations and requirements apply to mobile 

operations of the Nova F6500 UAS, including the following:

The driver/operator of the vehicle must be licensed and fully understand his/her role in 

the operation.

The mobile vehicle must be organized and clear of any unnecessary debris prior to the 

operation.

Equipment and personnel positioning within the vehicle must be predetermined and 

agreed upon by the team. Each team member must use appropriate safety restraint 

equipment, and such equipment should not interfere with safe flight.

The PIC must have ready communication with the driver/operator of the vehicle as well 

as the safety observer.

GCS software must be configured for constant updating of GCS position on the map 

overlay, and the PIC must be kept aware of vehicle position. The GCS must be mounted 

or fixed to the vehicle to ensure that no excess movement will shift the GCS during 

operations.
28

The route of the moving vehicle must be determined prior to operation and the PIC must 

ensure that no part of the route will obscure the safety observer’s view of the vehicle or 

cause any physical obstacles or obstructions to any member of the flight team.

The Area of Interest (AOI) must be large enough to warrant mobile operations, and the 

aircraft cannot be allowed to exit the AOI under any circumstance. The only change to 

the standard operating procedures (SOP’s) with mobile operations must be an update of 

the LOL (Loss of Link) site. Mobile operations are only permitted if suitable LOL sites 

are within 500 ft. of the PIC at all times. The entire AOI must also meet the “sterile 

environment” of a static site as described on page 4-4 of the Operations Manual, 

otherwise mobile operations are prohibited.

A copy of the Nova Family of Systems Operations Manual, which contains proprietary 

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).

c. Flight Operations Of The Nova F6500 UAS Are Limited To The 

Line Of Sight Of A Certificated Private Pilot in Command With 

A Safety Observer.

Surdex will only utilize certificated Private Pilots who possess a valid airman medical

certificate to act as a pilot in command of the Nova F6500 UAS. Additionally, a safety observe 

will assist all pilots during flight operations. Additionally, both the pilot in command and safety 

observer must complete the Nova Operators Course and meet the experience requirements as set 

forth in the Nova Family of Systems Operations Manual. A copy of the Nova Family of Systems 

Operations Manual, which contains proprietary 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).

d. Flights Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, Surdex proposes to commercially operate the Nova F6500

UAS for the special purpose of conducting aerial acquisitions within the NAS, pursuant to the 

following specific operating limitations:
29

1) Operations authorized by the grant of exemption will be limited to the following 

aircraft described in the operating documents, which is a fixed-wing aircraft weighing 

less than 15 pounds: Altavian Nova F6500. Proposed operations of any other aircraft will 

require a new petition or a petition to amend the grant. 

2) The Nova F6500 UA may not be flown at an indicated airspeed exceeding 58 knots. 

3) The Nova F6500 UA must be operated at an altitude of no more than 1,200 feet above 

ground level (AGL). All altitudes reported to ATC must be in feet. 

4) The Nova F6500 UA must be operated within visual line of sight (VLOS) of the Pilot 

in Command (PIC) at all times. This requires the PIC to be able to use human vision 

unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate. 

5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO 

and PIC must be able to communicate verbally at all times. The PIC must be designated 

before the flight and cannot transfer his or her designation for the duration of the flight. 

The PIC must ensure that the VO can perform the functions prescribed in the operating 

documents. 

6) The operating documents and the grant of exemption must be maintained and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the exemption and the procedures outlined in the operating 

documents, the conditions and limitations in the grant of exemption take precedence and 

must be followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. It is 

the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated 

and revised documents if it petitions for extension or amendment to the grant of 

exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted the exemption, then the operator must petition for 

amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may 

be contacted if questions arise regarding updates or revisions to the operating documents. 

7) Prior to each flight, the PIC must inspect the Nova F6500 UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the Nova F6500 UAS, the Nova F6500 UA is prohibited from operating 

until the necessary maintenance has been performed and the Nova F6500 UAS is found 

to be in a condition for safe flight. The Nova F6500 Ground Control Station must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 
30

8) Any Nova F6500 UAS maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry 

in the Nova F6500 UA aircraft record of the flight.

9) In addition to the pre-flight inspection section in the operating documents, the preflight 

inspection must also account for all discrepancies, i.e. inoperable components, items, or 

equipment, not already covered in the relevant sections of the operating documents. 

10) The operator must follow the Nova F6500 manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, and 

alterations must be noted in the aircraft logbook, including total flight hours, description 

of work accomplished, and the signature of the authorized Nova F6500 maintenance 

personnel or PIC returning the Nova F6500 to service. 

12) The operator’s Nova F6500 authorized maintenance personnel or PIC must make a 

record entry in the UAS logbook or equivalent document of the corrective action taken 

against discrepancies discovered between inspections. 

13) The operator’s Nova F5600 authorized maintenance personnel, PIC and VO must 

receive and document training referenced in the operating documents. 

14) The UAS operated under the exemption must comply with all manufacturer System 

and Safety Bulletins.

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

16) Prior to operating for hire, the PIC and VO must have successfully completed 

Altavian’s training syllabus as outlined in the operating documents. In addition, the PIC 

and VO must also have successfully completed annual (recurrent) training in accordance 

with the operating documents. A record of training must be documented and made 

available upon request by the Administrator. Training, proficiency, and experiencebuilding flights for the purpose of training pilots and VOs to conduct flights authorized 

by the exemption are permitted under the terms of the exemption. 

17) If the Nova F6500 UA loses communications or loses its GPS signal, it must return to 

a pre-determined location within the planned operating area and land, or be recovered in 

accordance with the operating documents. 
31

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

pursuant to the operating documents. 

19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airmen 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. 

20) The Nova F6500 UA operated in accordance with the exemption must be identified 

by serial number, registered in accordance with 14 C.F.R. part 47, and have identification 

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. 

21) Before conducting operations, the radio frequency spectrum used for operation and 

control of the Nova F6500 UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency requirements. 

22) The documents required under14 C.F.R. §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the Nova F6500 UAS any time the aircraft is 

operating. These documents must be made available to the Administrator or any law 

enforcement official upon request. 

23) The Nova F6500 UA must remain clear and yield the right of way to all other aircraft 

operations and activities at all times. 

24) If the Nova F6500 UAS is operated from a moving device or vehicle, the operation 

must be in accordance with the operating documents.

25) Nova F6500 UAS operations may not be conducted during night, as defined in 14 

C.F.R. § 1.1. 

26) All operations must be conducted under visual meteorological conditions (VMC). 

The Nova F6500 UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

27) During operations in the National Airspace System, the UA may not operate within 5 

nautical miles of the geographic center of an airport as denoted on a current FAApublished 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.

28) The Nova F6500 UA may not be operated over congested or densely populated areas. 

These areas include but are not limited to the yellow areas depicted on World 

Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal 

Area Charts (TAC). However, aeronautical charts may not reflect pertinent local 
32

information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe 

altitudes required by 14 C.F.R. § 91.119.

29) Operation of the Nova F6500 UA must be conducted at least 500 feet from all 

persons, vessels, vehicles, and structures not directly involved in the operation. 

30) Operations of the UA may be conducted at distances less than 500 feet from 

participating persons, vessels, vehicles or structures that perform an essential function in 

connection with the special purpose operations. Operations closer than 500 feet from the 

PIC, VO, operator trainees and essential persons, are permitted when operationally 

necessary; but never so close as to present an undue hazard, per 14 C.F.R. § 91.119(a). 

31) Operations of the UA may be conducted at distances less than 500 feet from 

unoccupied vessels, vehicles or structures owned by the land owner/controller when the 

land owner/controller grants such permission and the PIC makes a safety assessment of 

the risk from operations closer to these objects. 

32) All operations shall be conducted with permission from the land owner/controller or 

authorized representative. Permission from the land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

33) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents meeting the 

requirements of 49 C.F.R. part 830 must be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

Would Not Adversely Affect Safety.

Surdex submits that an equivalent level of safety established by Section 61.113(a) will be 

maintained because no PIC will be allowed to operate the Nova F6500 UAS unless that PIC has 

demonstrated, through the Nova F6500 UAS training and currency requirements, that the PIC is 

able to safely operate the Nova F6500 UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Considering Surdex’s proposed area of operations and the operating limitations set forthabove; the parallel nature of private pilot aeronautical knowledge requirements to those of 
33

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary 

to safely operate the Nova F6500 UAS, Surdex submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for Surdex’s specific proposed flight operations.

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, 11174, 

11176, 11177, 11178, 11185, 11188, 11189, 11191, 11192, 11193).

As in Exemption No. 11109, Surdex will not allow any PIC to operate the Nova F6500

UAS unless that PIC has demonstrated through the Nova F6500 UAS training and currency 

requirements that the PIC is able to safely operate the Nova F6500 UAS in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles and structures. 

A complete description of the Nova F6500 UAS Training and Qualification requirements 

is set forth at pages 3-5 through 3-6 of the Nova Family of Systems Operations Manual, attached 

hereto as Exhibit B. Exhibit B contains proprietary information and is to be held in a separate 

file pursuant to 14 C.F.R. § 11.35(b).

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a)

Would Not Adversely Affect Safety.

The level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Surdex will ensure that the Nova F6500 UAS is in an airworthy condition and safe 

for flight based upon the Nova F6500 UAS’s compliance with its operating documents (i.e., the 
34

Nova F6500 UAS Operator Manual, the Nova Family of Systems Operations Manual, and the 

Nova F6500 UAS Maintenance Manual) and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a), 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, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 

11174, 11177, 11178, 11185, 11188, 11189, 11191, 11192, 11193).

4. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because 

the altitude of the Nova F6500 UA will be reported to air traffic control (ATC) in feet above 

ground level (AGL), and Surdex will operate the Nova F6500 UA within visual line of sight, at 

or below 400 feet AGL. Furthermore, the altitude information of the Nova F6500 UA will be 

provided to the PIC via a barometric pressure sensor, GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path and altitude. Prior to each flight, a zero altitude initiation point is 

established at ground level. 

The FAA has previously granted relief from Section 91.121 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, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11177, 

11178, 11185, 11188, 11189, 11191, 11192, 11193).
35

5. Reasons Why An Exemption From The Requirements Of Section 

91.151(a)(1) Would Not Adversely Affect Safety.

A grant of this exemption would ensure the level of safety established by 14 C.F.R. 

Section 91.151(a)(1) because the technical specifications of the Nova F6500 UAS, the Nova 

Operations Manual, and Surdex’s proposed operating limitations ensure that Surdex may safely 

operate the battery powered Nova F6500 UA during daylight hours in VMC for 80 minutes, 

landing with 10 minutes of battery power remaining. Furthermore, previous exemptions granted 

by the FAA concerning Section 91.151(a)(1) establish that safety is not adversely affected when 

the technical characteristics and operating limitations of a UAS are considered.

The Nova F6500 UA is powered by a Lithium Ion 11 Amp hour, 22.2V battery, and is 

protected by two low battery failsafes, while the ground control station (GCS) provides a battery 

indicator on the heads-up display, which indicates the Nova F6500 UA’s current remaining 

battery power measured in volts, providing the PIC with constant awareness of the real-time 

battery voltage during a flight.

The two low battery failsafes that protect the Nova F6500 UA are a “Low AV2battery” 

failsafe and a “Critically low AV battery” failsafe. The “Low AV battery” failsafe flies the UA 

to the location of the ground control station (GCS), or identified Rally point, when the UA

battery reaches a certain threshold of time as configured by the operator (or 20.4V). The 

“Critically low AV battery” shuts the propulsion motor off and lands the UA at its current 

location. This failsafe is triggered if the battery drops below the critical battery voltage as 

configured by the operator (or 19.4V).

 

2 The Nova F6500 UAS Operator Manual defines “AV” as “Aerial Vehicle.” 
36

Furthermore, an exemption from the requirements of Section 91.151(a)(1) would not 

adversely affect safety because Surdex will only conduct flights during daylight hours in VMC, 

with the duration of each flight not to exceed 80 minutes, as set forth by the Nova Family of 

Systems Operations Manual. A copy of the Nova Family of Systems Operations Manual, which 

contains proprietary 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).

Likewise, as set forth above, Surdex has proposed specific operating limitations in this 

Petition that will maintain the level of safety established by Section 91.151(a)(1), including the 

following: (1) the Nova F6500 UA will only be operated during daylight hours (i.e. between the 

end of morning civil twilight and the beginning of evening civil twilight, as published in the 

American Air Almanac, converted to local time); (2) Nova F6500 UA will only be operated 

pursuant to visual flight rules (VFR) in visual meteorological conditions (VMC); and (3) the 

duration of each flight shall not exceed 80 minutes.

Significantly, previous exemptions granted by the FAA concerning Section 91.151(a)(1) 

establish that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

less than the minimums prescribed in Section 91.151(a), including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151, specific to 

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

Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188, 11189, 11191, 11192, 

11193).
37

6. Reasons Why An Exemption From The Requirements Of Sections 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & 

(b) Would Not Adversely Affect Safety.

In seeking this exemption, Surdex submits that the level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) will be met because Surdex, will use its 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

unmanned aircraft system using the methods, techniques, and practices prescribed in the 

manufacturer’s maintenance manual. Furthermore, Surdex will document and maintain all 

maintenance records for the Nova F6500 UAS. 

Since the Nova F6500 UAS will be inspected as prescribed by the manufacturer’s

maintenance manual, Surdex will maintain the level of safety established by Sections 91.405(a),

91.409(a)(1), and 91.409(a)(2). The Nova F6500 Maintenance Manual sets forth Scheduled 

Maintenance Inspection Procedures for each system and component. Inspection intervals for the 

Nova F6500 UAS include preflight and post flight inspections, as well as scheduled inspections 

every 25 hours, 50 hours, 75 hours, and 100 hours. 

Likewise, the exemption sought will not adversely affect safety because Surdex will

perform maintenance, alterations or preventive maintenance on the unmanned aircraft system

using the methods, techniques, and practices prescribed by the manufacturer’s maintenance 

manual. The Nova F6500 Maintenance Manual details procedures for each component of the 

unmanned aircraft, including the components of the propulsion system, avionics system, payload 

system, fuselage system, wing, and tail. 
38

A copy of the Nova F6500 Maintenance Manual, which contains proprietary 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). 

Furthermore, the exemption sought would maintain the level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b) because all maintenance of the Nova F6500 UAS will 

be performed by Altavian trained technicians, who will document and maintain maintenance 

records for the Nova F6500 UAS. Altavian trained technicians are qualified to conduct any and 

all maintenance to ensure the safe operation of the Nova family of UAS, conduct all service 

inspections, and authorize the use of each vehicle in the Nova family of UAS based upon 

completion of appropriate inspections. See Nova Family of Systems Operations Manual, Exhibit 

B, at page 3-4. Pursuant to the Nova Family of Systems Operations Manual and the Nova F6500 

Maintenance Manual, a Maintenance Action Form must be completed and saved in the 

maintenance logs for all maintenance that is performed on the UAS. The procedures for 

maintaining the maintenance logs for the UAS are fully set forth in the Nova Family of Systems 

Operations Manual, Exhibit B, at Chapter 5, and the Nova F6500 Maintenance Manual, Exhibit 

C, at Chapter 5.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of a UAS are considered. 

The FAA has previously granted relief 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, 11157, 11158, 11159, 
39

11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 

11188,11189, 11191, 11192, 11193).

 7. The FAA May Prescribe Any Other Conditions For Safe Operation.

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Surdex requests that the FAA

prescribe special conditions for the intended operation of the Nova F6500 UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. §§ 91.151(a)(1), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will

permit safe operation of the unmanned aircraft for the limited purpose of conducting aerial 

acquisitions within the NAS. 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 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 F6500 UAS, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or 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 propeller, 

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 finds necessary to 

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.
40

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Surdex’s intended operation of the Nova F6500 UAS, which

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. Sections 61.113(a), 

91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & 

(b).

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

The Rules From Which Surdex Seeks Exemption:

Surdex Mapping, Inc. seeks exemption from the requirements of 14 C.F.R. Sections 

61.113(a), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b) in order to commercially operate an Unmanned Aircraft System

(UAS) for the purpose of conducting aerial acquisitions and research within the National 

Airspace System (NAS).

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

This exemption will permit Surdex Mapping, Inc. to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research 

within the National Airspace System (NAS).

 

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

Surdex’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, Surdex’s request for exemption 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. 
41

As discussed in detail above, the Nova F6500 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 herein, Surdex seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 

333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the Nova F6500 UAS commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial acquisitions within the National Airspace System (NAS). 

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 Surdex to safely, efficiently, and economically operate the Nova F6500 UAS

commercially within the NAS.

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

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

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. Sections 

61.113(a), 91.7(a), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit Surdex to operate the Nova F6500 UAS for the purpose of 

conducting aerial acquisitions and research within the NAS.
42

Dated: March 16, 2015

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________

Gregory S. Winton, 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.