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 RE QUIREMENTS 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 SY STEM

PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on March 1 6 , 2015

G REGORY S

. W INTON , 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 Attorney for Petitioner2 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 PE TITIONER

................................ ................................ . 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

................................ ... 1 2

THE REASONS WHY GRANTING SURDEX CORPORATION 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ............................... 1 5

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 40

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT SURDEX CORPORATION 'S REQUES T

................................ ......... 40

CONCLUSION

................................ ................................ ................................ ................. 4 13 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 F ederal 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 Airm e n

PIC Pilot I n 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 S ight

VMC Visual Meteorological Conditions

VO Visual Observer4 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 exem ption w ill permit Surdex Corporation to operate an

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

and research within the National Airspace System ( NAS )

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Surdex C orporat ion (hereinafter referred to as “ Surdex ”) is among the top ten geospatial
services provider s in North America

. Headquartered at Spirit of St. Louis Airport in Chesterfield,
Missouri, in the greater St. Louis metropolitan area, Surdex Corporation has been i n business

since 1954. Surdex provides quality services, such as aerial survey acquisition, aerial
photography, orthophotography, planimetric mapping, t opographic mapping, geographic
information systems , and LiDAR services, to numerous clients throughout the various levels of

government, the engineering indust r y, 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 N ational A irspace S ystem (“ 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 of5

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

inches . The Nova F65 00 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 A ircraft
, 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 : T he 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 exemption s 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 ce rtain rural areas of the state of Ohio
(Regulatory Docket No. FAA

- 2014

- 0506, Exemption No. 111 1 1) and Ship Island, Mississippi6

(Regulatory Docket No. FAA

- 2014

- 0398, Exemption No. 11114)

. As such, the Nova F6500

UAS has already been granted exemptions purs uant 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 wi th in the NAS pursuant to

a pproximately fifteen ( 1 5 ) Certificates of Authorization (“COA”) gra nted by the Federal
Aviation Administration (“ FAA ”) to Middle Tennessee State University ; Sinclair Community
College in Dayton, Ohio ; the U

. S

. Army Corps of Engine ers ( Jacksonville District and Mobile

District ) ; Mississippi State University for the Pearl River Basin ; and the University of Florida

. The U.S. Army Corp s of Engineers will be operating the Nova F6500 UAS pursuant to

additional COA s in the foreseeable fu ture , pending approval by the FAA

.
BASIS FOR PETITION

Petitioner, Surdex Corporation
, 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 201 2, 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 )

.

I n consideration of the size, weight, speed, and limited operating area associated with the
unmanned aircraft and its operation, Surdex ’s operation of the Nova F650 0 UAS meets the

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

C.F.R. P art 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 a n equivalent level of safety will

be ensured

. Surdex will use its techni cians to perform maintenance, alteration s , 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 maint enance 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 ens ure 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.

P art 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 Fami ly 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 reportin g equipment of the Nova F6500 UAS is set to a
pressure level of zero feet above ground level (AGL), rather than local barometric pressure or8

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

the PIC via a bar ometric 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 ens ured 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 S ection 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 8 0 minutes of continuous
operation
, with 10 minutes remaining batter y po wer

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

Surdex Corporation 520 Spirit of St. Louis Blvd. Chesterfield, MO 63005
The point of contact for this P etition 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 Ema il: 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 privil eges and limitations: Pilot in command
,
subsections (a) prescribe s th e 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 hi re; 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 pers on 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 o f 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 settin g 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),

state s 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 F rom T he R equirement O f Section 91.405(a)

.
Section 91. 405
, entitled Maintenance required
, subsection ( a )
, states the follow ing :
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 F rom The Requirements Of Section 91.407(a)(1)

.
Section 91. 407
, entitled Operation after maintenance, preventive mainte nance,
rebuilding, o r alteration , subsection (a)(1)
, state s 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 F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 91.409
, entitled Inspections , subsection (a)
, state s the following:
(a) Except as provided in paragraph (c) of this se ction, 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 t his 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 Section s 91.417(a) A nd 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, ro tor, 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 ce rtificate 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 inspectio n 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) Th e 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 retur n to service.

C

. The Extent Of Relief Surdex Seeks And The R eason 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 propo sed 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 air manship 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)

.

R elief 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 Exhibit s 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. P art 21, Subpart H. Therefore, Surdex

will ensure that the Nova F6500 UAS is in an airworthy c ondition based up on 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 Sectio n 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

pr essure or field altitude, before each flight. The Nova F6500 UAS utilizes a barometric14

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 ( GC S )

. 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 e quivalent 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 O f Relief Surdex Seeks And The Reason Surdex Seeks Relief From Section 91.151(a) (1)

.

R elief 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 visua l 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 p ower ed Nova F6500 UA will be reduced by one third, which would
severely constrain the practicality of any aerial acquisition and research operations that Surdex

propose s to conduct pursuant to this Petition.
Significantly, as set forth below, the technic al 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 durat ion of 8 0 minutes, with 10 minutes of battery power remaining.

5

. Extent O f Relief Surdex Seeks And The Reaso n Surdex Seek s 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), 91.40 7(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only
apply to aircraft wit h an airworthiness certificate, Surdex requests relief from these Sections

because the Nova F6500 UAS does not require an airworthiness certificate. A s set forth more
fully belo w, the Nova F6500 UAS meets the conditions of Section 333 for operation without an

airworthiness certificate

. Accordingly, Surdex will use technicians to perform maintenance,

alteration s , or preventive maintenance on the unmanned aircraft system using the methods,
techniques, and practices prescribed in the manufacturer’s maintenance manual

. Furthermore,

Surdex w ill 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

.
Gr anting the present Petition will further the public interest by allowing Surdex to safely,
efficiently, and economically perform aerial acquisition s and research within the NAS
,
commercia lly, 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 be nefits 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

- refere nced industries and the public.

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

used to pre view possible sites for co nstruction 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

pe rforming rig ht 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, effic ient, 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 am ount 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 b y
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 generated17

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

Nova F6500 UA S produ ces 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 opera ting 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 operati ons , 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 pou nds with a wingspan of

appr oximately 40 feet, a length of 3 4 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 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,18

U.S. owned and operated companies must adopt new and alternative technology in order to
remain comp etitive. Operating the battery powered Nova F6500 UA S 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 manne d 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. Improv ed 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 developm ent 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

d ecades
, the proposed operation of the Nova F6500 UAS will not impli cate 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 significan tly
, 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 Exempt ion 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 F6 500 UAS Meets The Conditions Of The FAA Modernizatio n And Reform Act O f 2012 (FMRA) Section 333.19

In consi deration 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 for th requirements for considering whether a UAS will create a hazard to users of the NAS
or the public
, or oth erwise 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 Sec retary 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 thi s 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, operatio nal 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 waiv er, 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 S ecretary 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.

I n 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 . T he Nova F6500 UAS Has A Proven History O f 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 operat e 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 (Regulator y

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) Certific ates 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
capabilit y.

i

. Technical Specifications Of T he Nova F6500 UAS

.

Unmanned Aircraft The Nova F6500 is an Unmanned Aircraft System that is comprised21

System of an amphibious unmanned aircraft and a transportable ground

station.

Unmanned Aircraft Dimensions Wi ngspan: 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 e lectric 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 A pplicable.

NOTE: The Nova F6500 UAS is powered by a Lithium Polymer rechargeable battery, Altavian P/N 30142

.22

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), car bon 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 contr ol

.

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 dat um

Datum Front of Motor Case

Mean Aerodynamic Chord (MAC) 13 in

. long with leading edge 21.2 in

. from nose23

Leveling Means Not A pplicable

.

Maximum Weights Ramp 15 lbs

.

Takeoff 15 lbs

. Landing 15 lbs

.

Empty Weight 8.35 lbs.

NOTE : Emp ty 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 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
, 2 00 ft

. AGL24 ii

. The Nova F6500 UAS Autonomous Flight A nd Navigation Modes E nable T he UAS To Remain Within A De fined O perational A rea.

A complete description of the au tonomous 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 ac tion Up 60° Down 60 °

“V” tail max. combination Rudder elevator ac tion 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 (

- 2 9 ° C )

Wind Limitation 19 knots

Maintenance This Nova F6500 UAS must be maintained in accordance with the

manufacturer’s m aintenance m anual, or later FAA accepted revision

.25

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

11.35(b) 1

.
iii

. The Nova F6500 UAS Is D esigned For Complete Autonomy F rom Launch To L anding 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 the refore, 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.

T he Nova F6500 unmanned aircraft ( UA ) uses a two

- stage failsafe approach for all

av ionics 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 way point, the

Nova F6500 UA will loiter while con tinuing its attempt to reacquire the link for 300 s econds (to
allow for rebooting o f 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 la nding procedure for L os t L ink 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 lo iter 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 propr ietary 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 touchd own and automatically flare 3 m eters
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

f ailure 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 th e pre

- decided landing

site.

If a cascade of failures has occurred and L ost

- L ink 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 fla ir 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 c ontact

.
The Nova F6500 UAS Opera tor 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 UA S 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 c omplete 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 operatio n 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.

T he 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 ar eas

. 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 full y 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 t eam 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 o bserver.

GCS software must be confi gured 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 mo ving vehicle must be determined prior to operation and the PIC must ensure that no part of the route will obscure the safety o bserver’s view of the vehicle or cause any physical obstacles or obstructions to any member of the flight team.

The Area of Inter est (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 mobi le operations are prohibited.
A copy of the Nova Family of Systems Operations Manual , which contains 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).

c . Flight Operations Of The Nova F6500 UAS Are Limited To The Line Of Sight Of A Certificated Private Pilot i n Command With A Safety Observer.

Surdex will only utilize certificated Private Pilot s who possess a valid a irman m edical

c ertificate 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 i n the Nova Family of Systems Operations Manual

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

d. Fli ght s Will B e Conducted Pursuant To S pec ific Operating L imitations.
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 s pecific 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 N ova F6500. Proposed op erations 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 f eet 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 ti mes. This requires the PIC to be able to use human vision unaid ed 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 al ways maintains VLOS capability. The VO and PIC must be able to com municate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of th e flight. The PIC must ensure that the VO can perform the f unctions prescribed in the operating documents.
6) The operating documents and th e 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 exemptio n 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 operato r may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present u pdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it pe titions for extension or amendm ent 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 amend ment 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 fligh t. The Nova F6500 Ground Control Station must be includ ed 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 un dergo 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 t he 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) T he 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 a ccordanc e 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 ins pections.
13) The operator’s Nova F5600 authorized m aintenance p ersonnel
, 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 FAA

issued 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 complete d annual (recurrent) training in accordanc e with the operating documents. A record of training must be documented and made available upo n request by the Administrator. Training, proficiency, and experience

building flights for the purpose of training pil ots 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 are a 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 opera tor to request a Notice to Airme n (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 require ments.
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 la w 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 t he Nova F6500 UAS is operated from a moving device or vehicle
, the operation

m ust 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 n ot 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 ma y not operate within 5 nautical miles of the geographic center of an airport as den oted on a current FAA

published aeronautical chart unless a letter of agreement wi th that airport’s management is obtained, and the operation is conducted in accorda nce 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 local32

information. Ultimately, it is the PIC’s responsibility to maintain t he minimum safe altitudes required by 14 C.F.R. § 91.119.

2 9 ) 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 th e 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).

3 1 ) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, vehicles o r 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 th e land owner/controlle r or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

3 3 ) 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 O ffice (AFS

- 80) within 24 hours. Accidents meeting the requirements of 49 C

. F

. R

. part 830 must be reported to the National Transp ortation 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 esta blished by Section 61.113(a) will be
maintained because no PIC will be allowed to operate the Nova F6500 UA S unless that PIC has

demonstrated
, through the Nova F6500 UA S training and currency requirements
, that the PIC is
able to safely operate the Nova F6 500 UA S 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 limitatio ns set forth

above ; the parallel nature of private pilot aeronautical knowledge requirements to those of33

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

to safely operate the Nova F6500 UA S
, 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, t he FAA has previously granted relief from Section 61.1 13(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

UA S unless that PIC has demonstrated through the Nova F6500 UA S training and currency
requirements that the PIC is able to safely operate the Nova F6500 UA S 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 UA S Training and Qualification requirements
is set forth at pages 3

- 5 through 3

- 6 of t he Nova Family of Systems Operations Manual
, attached

hereto as Exhibit B. Exhibit B contains proprietary information and is t o be held in a separate
file pursuant to 14 C.F.R. § 11.35(b).

3. Reasons Why An Exemption Fr om 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 up on the Nova F6500 UAS’s compliance with its operating documents (i.e., the34

Nova F6500 UAS Operator Manual, the Nova Family of Systems Operati ons Manual, and the

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

. Additionally, t he FAA has previously granted relief from Section 91. 7(a) , specific to
UAS, in circumstances similar, in all material respects, t o 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 Fr om 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 t o 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

establish ed at ground level.

T he 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 propose d operating limitations ensure that Surdex may safely
operate the battery powered Nova F6500 UA during daylight hours in V MC 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 li mitations of a UAS are considered.

T he Nova F6500 UA is powered by a Lithium Ion 11 Amp hour, 22.2V battery, and is
protected by two l ow battery failsafes , while the ground control station (GCS) provides a b attery

i ndicator 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 AV 2 battery”

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

to the location of the ground contr ol 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 ” s huts the propulsion motor off and lands the UA at its current

location. This f

ailsafe 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 e xemption from th e r equirements o f Section 91.151(a)(1) would not
adversely affect safety because Surdex will only condu ct 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 informatio n, 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) t he 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, conv erted to local time) ; (2) Nova F6500 UA will only be operated

pursuant to visual flight r ules (VFR) in visual meteorological conditions (VMC) ; and (3 ) t he
duration of each flight shall not exceed 8 0 minutes

. Significantly, previous exemptions granted by t he 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. Exe mption

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 tha t 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 main tenance, alteration s , or preventive maintenance on the
unmanned aircraft system using the methods, techniques, and practices prescribed in the

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

maintenance records for th e Nova F6500 UAS.

Since the Nova F6500 UAS will be inspected as prescribed by t he manufacturer’s

m aintenance m anual, Surdex will maintain the level of safety established by Section s 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. I nspection intervals for the

Nova F6500 UAS include preflight and post flight inspections , as well as scheduled inspections
every 25 hours, 50 hours, 75 hours, an d 100 hours.

Likewise, the exemption sought will not adversely affect safety because Surdex will
perform maintenance, alteration s or preventive maintenance on the unmanned aircraft system
using the methods, techniques, and practices prescribed by t he ma nufacturer’s m aintenance

m anual

. The Nova F6500 Maintenance Manual detail s procedures for each component of the
unmanned aircraft, including the c omponents of the p ropulsion system, a vionics system, payload
system, fuselage system, wing, and tail.38

A co py 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 o f safet y established by

Sections 91.407, 91.417(a) and 91.417(b) because a ll maintenance o f 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 technici ans 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

m aintenance logs for all ma intenance 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
Oper ations Manual, Exhibit B , at Chapter 5, and the Nova F6500 Maintenance Manual , Exhibit

C , at Chap ter 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 o f a UAS are considered.

T he 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, 1 1138, 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

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

In accordance w ith Sec tion 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), an d 91.417(a) & (b) . Such specia l conditions will
permit safe operation of the unmanned aircraft for the limited purpose of conducting aerial
acquisitions within the NAS

. FMRA 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 certification in accordance with any requirements that must be established for the
safe operation of the aircr aft 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 o r appropriate saf ety 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 saf ety 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 iss ued 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 Sec tion 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 establ ish 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 S ummary That C an Be P ublish ed In T he 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 operat e 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 p ursuant 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 NA S

. As such
, Surdex ’s request for exemption may be granted
pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

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

a hazard to users o f 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 continu e 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 Sectio n

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 fulfill ing 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 e conomically operate the Nova F6500 UAS
commercially w ith in 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 thi s 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

conduc ting aerial acquisitions and research within the NAS

.42

Dated: March 1 6 , 201 5 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________ Gregory S. Winton, Esq. 1997 Annapolis Ex change 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.