UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

WOOLPERT, INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUI REMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 91.9(b), 91.203(a), 91.203(b), 45.23(b) AND 21.185 CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM

OVER THE STATE OF OHIO PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012

Submitted on July 1 7
, 2014

G REGORY S

. W INTON , E SQ

. J ARED M. A LLEN , E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner2 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF PETITIONER

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

BACKGROUND

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

BASIS FOR PETITION

................................ ................................ ................................ ...... 6

NAME AND ADDRESS OF PETITIONER

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

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

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

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

. ................................ ................................ .. 9

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

................................ ................................ ..................... 12

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSEL Y AFFECT SAFETY

................................ ................................ .............. 16

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

. ......... 32

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

. ................................ ...................... 32

CONCLUSION

................................ ................................ ................................ ................. 333 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulatio n

NAS National Airspace System

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

SMS Safety Management System

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions4 SUMMARY
Woolpert, Inc

. seeks exemption from the requirements of 14 C.F.R. §§ 91.9(b),

91.203(a), 91.203(b), 45.23(b) and 21.185. This exem ption will p ermit Woolpert , Inc. to operate
an Unmanned Aircraft System (“UAS”) over certain rural areas of the State of Ohio, while

keeping the documents required by the regulations at the ground control station and immediately

acc essible to the pilot in command. Fu rthermore, the exemption will relieve Woolpert , Inc. from

the airworthiness certificate standards and the requirement to have a certificate of airworthiness

issued for its UAS

. This exemption will also permit a ny required markings concerning the

operation al s tatus of the UAS to be displayed on the fuselage of the unmanned aircraft

.

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

- old design, geospatial

and infrastructure management firm wit h a long and well

- recognized history in mapping and

surveying . Woolpert excels in the collection of aerial imagery from manned, fixed

- wing aircraft

for the purpose of making highly accurate aerial maps for a range of clients and various

applications. In addition to operating a fleet of conventional fixed

- wing aircraft, Woolpert has

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

Block III UAS for the special purpose of aerial surveying, continuing an established legacy that

has always sought the highest standards of operations and safety.5 BACKGROUND
Unmanned Aircraft System: Altavian Nova Block III UAS

Woolpert seeks an exemption to operate an Altavian Nova Block III UAS, Serial No.

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

s ystem (“NAS”)

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

and a transportable ground station. The Nova Block III UAS has a maximum gross weight of

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

inches . The Nova Block III unmanned aircraft is equipped with a single propell er driven by a

Lithium Polymer battery powered electric motor.

Figure 1 : T he Nova Block III UAS with registration number displayed in accordance with 14 C.F.R. Part 45

.

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

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

a pproximately fourteen ( 14 ) Certificates of Authorization (“COA”) gra nted by the Federal
Aviation Administration (“ FAA ”) to the Middle Tennessee State University ; Sinclair

Community College in Dayton, Ohio ; the U

. S

. Army Corps of Engineers ( Jacksonville District
, for operations in South Florida ) ; Mississippi State University for the Pearl River Basin ; and the

University of Florida . The U.S. Army Corp s of Engineers will be operating the Nova Bl ock III

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

FAA

.
BASIS FOR PETITION
Petitioner, Woolpert, Inc., by and through undersigned counsel, pursuant to the

provisions of t he Federal Aviation Regulations ( 14 C.F.R. § 11.61) and the FAA Modernization

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereby petitions the Administrator for an exemption from the requirements of 14 C.F.R. §§

91.9(b), 91.203(a), 91.203(b)
, 45 .23(b), as well as t he r estricted c ategory a irworthiness

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

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

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

21.16, entitled Special Conditions (14 C.F.R. § 21.16), Woolpert respectfully requests that the

Administrator prescribe special conditions for the intended operation of the Altavian Nova Block

III UAS that contain such safety standards as the Administrator finds necessary to establish a

level of safety equivalent to that established by the restricted category airworthiness certif ication

standards specified in 14 C.F.R. § 21.185 . In the alternative, Woolpert seeks an exemption from7

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

otherwise co ntemplated by 14 C.F.R. Part 21.

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

Woolpert, Inc. 4454 Idea Center Blvd. Dayton, Ohio 45430

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 Woolp ert Seeks Exemption.

1. Woolpert Seeks Exemption F rom T he R equirement O f Section 91.9(b).
Woolpert seeks an exemption from 14 C.F.R. § 91.9 (b). Section 91.9 entitled Civil

aircraft flight manual, marking, and placard requirements
, subsection (b) sta tes the follow ing :
(b) No person may operate a U.S.

- registered civil aircraft

-- (1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcra ft Flight Manual or the manual provided for in § 121.141(b); and

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Ma nual, approved manual material, markings, and placards, or any combination thereof.8

2

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

en titled Civil aircraft: Certifications required , subsections (a) and (b) state the following:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness cer tificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under § 21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c), or an authorization under § 91.611) must have on it the registration number assigned to the aircraft under part 47 of this cha pter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identificatio n number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

3

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

. Section 45.23 entitled Display

of marks; general , subsection (b)
, states the following:

(b) When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

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

- sport," "experimental," or "provisional," as applicable.9

4

. Woolpert Requests Relief To Exempt The Nova Block III UAS From The Restricted Category Airworthiness Certif ication Standards Specified In 14 C.F.R. §2 1.185.

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

14 C.F.R. § 21.16 entitled Special Conditions
, Woolpert seeks to exempt the Nova Block III

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

21

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

C

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

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

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

onboard. Furthermore, since the Nova Block III UAS is unmanned, the aircrew member is

located at a ground control station. As such, Woolpert proposes the following conditions and

limitations to its request for exemption from Section 91.9(b):

The approved Airplane Flight Manual must be kept at the ground control station, where it is immediately available for reference by the aircrew member (pilot in command) of the Nova Block III UAS any time the unmanned aircraft is operating.

The approved Airplane Flight Manual must be made available within 10 days to any FAA, U.S. Depa rtment of Defense, or law enforcement official upon request.10

2

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

. Wool pert requests relief from the requirement of Section 91.203(a) ( i.e., that an

appropriate and current airworthiness certificate and an effective U.S. registration certificate be

carried within the aircraft ) , and further, requests relief from the requirement of Section 91.203(b)

( i.e., that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is

legible to passengers or crew )

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

cockpit, pilot station, or entrances thereto. Therefore, t he aircrew member is located at a ground

control station and no passengers are carried at any time . As such, Woolpert proposes the

following conditions and limitations to its request for exemption from Section s 91.203(a) and

(b):

The documents required by Sections 91.203(a) and (b) must be kept at the ground contr ol station, where it is immediately available to the aircrew member (pilot in command) of the Nova Block III UAS any time the unmanned aircraft is operating.

The documents required by 91.203(a) and (b) must be made available within 10 days to any FAA, U.S . Department of Defense, or law enforcement official upon request.

3

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

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

cockpit, or pilot station

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

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

between the leading edge of the wing and the nose section of the Nova Block III UAS.11

4

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

. Woolpert seeks relief from the airworthiness certificate requirements of the Federal

Aviation Regulations and proposes to commercially operate the Nova Block III UAS
, without an

airworth iness certificate
, for the special purpose of conducting aerial acquisition services over

the State of Ohio , pursuant to specific operating limitations and a Safety Management System
(“SMS”). Woolpert seeks relief from the airworthiness certificate requir ements of 14 C.F.R.

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

the FAA , may be operated as if it were a restricted category aircraft for a single, defined, special

purpose operation ( i.e. , aerial survey ing).

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section
333”) , Woolpert seeks relief from the airworthiness certificate requirements of the FAR because

operation of the Nova Block III UAS will not create a hazard to users of the NAS
, or the public
,

or otherwise pose a threat to national security

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

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

333 provides the authority for such UAS to operate without ai rworthiness certification.

Specifically, Section 333 states the following, in part:

(b) Assessment of Unmanned Aircraft Systems.

-- In making the 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).12

As set forth below, numerous factors, including the proven safe operational history of the

Nova Block III UAS in the NAS , as well as the specific parameters of W oolpert’s intended

operation pursuant to this exemption, demonstrate that the Nova Block III UAS has i n the past,

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

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

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

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

certification.

D

. The Reaso ns Why Granting Woolpert’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 Woolpert to
safely, efficiently, and economically perfo rm aerial acquisition and research over the S tate of

Ohio in support of g overnment en tities, agriculture, scientific studies , w ildlife monitoring
, and

forestry , while also furthering the d evelopment of the state economy related to the oil and gas

industrie s. Additionally, use of the Nova Block III 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 Block III UAS will be realized without impl icat ing any privacy

issues.

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

Performed.

Woo lpert submits this Petition to perform aerial acquisition and research throughout the

State of Ohio, in support of government entities, agriculture, scientific studies, wildlife

monitoring, forestry, and the oil and gas industries. The Nova Block III UAS will provide safe,13

efficient, and economical aerial acquisition and research operations to further each of these

fields , all of w hich a re critical to the w e ll

- being of the general public.

T he specific operations that Woolpert will perform with the Nova Block III UAS

demonstrate how the requested exemption will directly benefit the above

- referenced industries

and the public . In agricul ture, the aerial acquisition performed by the Nova Block III UAS will

be used to predict crop yields, research and prevent crop disease , and increase crop yields. In the

oil and gas industry, the Nova Block III UAS will be used to aid in facility inspecti ons,
surveying and planning new worksites, and per forming right of way analysis. The Nova Block

III UAS will also further environmental management by researching invasive species, mapping

deforestation, and surveying point source pollution.

2. The Pub lic Will Benefit From Decreased Congestion Of The NAS.
The Nova Block III UAS is a battery powered UAS that serves as a safe, efficient, and

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

reducing the am ount of manned aircraft needed to perform aerial acquisitions, an exemption

allowing the use of a Nova Block III UAS would reduce the amount of manned aircraft in the

NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air

and on the ground.

Furthermore, by reducing the number of manned aircraft operatin g in the NAS,

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

Block III UAS does not require an airport to takeoff or land. Likewise, a reduction of manned

aircraft conducting aerial survey missions would re sult in fewer aircraft that must be handled by

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

operations.14

3

. The Public Will Benefit From The Safety And Efficiency Of The Nova Block III UAS.

Conduc ting aerial acquisitions with the Nova Block III UAS
, instead of manned aircraft
, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated

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

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

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

typically utilized for aerial acq uisitions, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The Nova Block III UAS, while reducing the carbon footprint of aerial

acquisitions , also eliminates noise pollution as its battery powered electric motor is barely audi ble

during the take

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

level.

By using the Nova Block III UAS to perform aerial acquisitions, the substantial risk to

life and property in the air and on the ground , which is u sually 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 Block III UAS (weighing

approximately fifteen (15) pounds at its maximum gross weight with a wingspan of 108 inches and

a length of 65 inches, with no fuel on board)
, has less physical potential for collateral damage to

life and property on the ground
, and in the air
, compared to the manned aircraft that t ypically

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

appr oximately 40 feet, a length of 3 4 feet, and a fuel capacity of 180 gallons).15

4

. Performing Aerial Acquisition Operations With The Nova Block III UAS Will Benefit The Economy.
In addition to being safe and efficient, the Nova Block III UAS is also an economical

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

Nova Block III UAS will allow United States based companies , like Woolpert, to remain

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

aviation fuel and the Environmental Protection Agency (“ EPA ”) regulatory actions phasing out

leaded fuels, U.S. owned and operated companies must adopt new and alternative technology in

order to remain competitive.

Operating the battery powered Nova Block III UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraf t, but provides such

flexibility without the high operational cost of a traditional manned aircraft.

By operating the Nova Block III UAS , companies such as Woolpert can remain

competitive and profitable, and therefore provide greater job stability to emp loyees 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 Block III UAS
, provides a

stable workforce that increases consumer spending; impro ves 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 operation s that have been conducted for

d ecades
, the proposed operation of the Nova Block III UAS will not implicate any privacy

issues. Specifically, the Nova Block III UAS will be operated only in rural areas, and in

accordance with all Federal Aviation Regulati ons, including the minimum altitude requirements16

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

than 500 feet to any person, vessel, vehicle, or structure , except when necessary for takeoff or

landing.

E

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

1

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

. This exemption would maintain the level of safety established by Section 91.9(b) because

Woolpert will keep the approved Airplane Flight Manual at the ground control station where the

pilot in command flying the Nova Block III UAS will have immediate access to the document

. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety

is not adversely affected when the approved Aircraft Flight Manual is kept at the g round control

station of a UAS, where it can be immediately accessed by the pilot in command. Section
91.9(b) “ requires aircraft to carry the flight manual so the pilot would have ready access to the

aircraft limitations while in flight. ” Exemption No. 8 607. However, the FAA has also found

that UAS will always be operated without any p assengers or crew onboard, and that “ requiring

these special

- use aircraft [UAS] to carry superfluous paper documents may present a safety

hazard to the integrity of the [UA S].” Id

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

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

9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968 ).17

2

. Reason s Why An Exemption From The Requirements Of Section 91.203(a) And (b) Would Not Adversely Affect Safety

. This exemption would maintain the level of safety established by Sections 91.203(a) and

(b) because Woolpert will keep the required documents at t he ground control station where the

pilot in command flying the Nova Block III UAS will have immediate a ccess

. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish

that safety is not adversely affected when the Airworthin ess Certificate and U.S. registration

certificate are kept at the ground control station of the UAS, where it can be immediately

accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections

91.203(a) and (b) is better serve d by having the required documents in the control of the UAS

operator (pilot in command) , reasoning as follows:

The original intent of the subject regulation was to display the airworthiness and registration documents so they would be easily available to F AA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft

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

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

- in

- command. We al so find that requiring these special

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

. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] f

lights adequately compensate for the requirements for carrying airworthiness and registration documents. We find the intent of the regulation is better served by having the required documents in the control of the aircraft operator and available for inspe ction under the special conditions prescribed in this exemption.

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

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

10167, 1 0602, 10673, 10835, 10869, 10968 ).18

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

because if required, disp laying the word “Restricted” with two (2) inch high letters , horizontally

on both sides of the fuselage between the leading edge of the wing and the nose section of the

Nova Block III UAS
, will inform all parties of the unmanned aircraft’s overall operatin g status.
Significantly, Woolpert will display the word “Restricted” in two (2) inch high letters in

compliance with size requirement of Section 45.23(b) ( i.e. , “ letters not less than 2 inches nor

more than 6 inches high ”). By placing the letters horiz ontally on both sides of the fuselage

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

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

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

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

respects , to those presented herein ( e.g

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

4

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

. In seeking this exemption, Woolpert submits that the Nova Block III UAS can operate
safely in the NAS a bove the State of Ohio without creating a hazard to other a i rcraft or people on

the ground. Accordingly, the FAA may approve its use witho ut an airworthine ss certificate as
demonstrated by: ( i ) the safe operational history and current use of the Nova Bloc k III UAS in

the NAS ; ( ii ) the characteristics of the Nova Block III UAS ; ( iii ) the limited area of Woolpert’s

intended operation; ( iv ) the Safety Management System Woolpert has developed for Nova Block

III UAS operations and maintenance ; ( v ) the commercia l pilot requirement; ( vi ) the specific

operating limitations ; and ( vii ) any other conditions that the Administrator may prescribe.19 i. T he Nova Block III UAS Has A Proven History O f Operation In The NAS Pursuant To A Certificate Of Authorization (“COA ”).

The Nova Block III UAS is currently operating safely in the NAS pursuant to
approximately fourteen (14) Certificates of Authorization (“COA”) granted by the FAA to the

Middle Tennessee State University ; Sinclair Community College in Ohio ; the U

. S

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

for the Pearl River Basin ; and the University of Florida . The U.S. Army Corps of Engineers will

be operating the Nova Block III UAS pursuant to an additional five COA s in the foreseeable

future
, pending approval by the FAA.

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

The Nova Block III UAS does not create a hazard to users of the NAS or the publi c, or
otherwise pose a threat to national security considering its size, weight, speed, or operational

capability. The specifications of the Nova Block III UAS are as follows:

Unmanned Aircraft System The Nova Block III is an Unmanned Aircraft System th at is

comprised of an amphibious unmanned aircraft and a transportable ground station.

Serial No. 3001

Unmanned Aircraft Dimensions Wingspan: 108 in.

Length: 65 in.

Engine (Propulsive Unit) Engine (Propulsive Unit)

(1) Altavian Inc. P/N : 30027 (Electric) FAA Engine Type Cert: None Propulsive Unit Type: 25V, 11 Amp Hour c apacity, Lithium ion battery powered, direct drive electric motor20 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 ppl icable.

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

.

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 Temp erature: 170 °F ( 7 7 °C) NOTE : The motor temperature is not displayed to the operator

. Maximum motor, controller sub

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

- flight engine run up after 3 sec

. at max throttle: 22.6V

Propeller and Propeller Limits (1) Altavian Inc

. P/N 30360

FAA Propeller Type Certificate: None Propeller Type: 2

- blade, hinged (folding), carbon fiber reinforced plastic, fixed pitch, tractor21 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

Leveling Means Not A pplicable

.

Maximum Weights Ramp 15 lbs

.

Takeoff 15 lbs

. Landing 15 lbs

.

Empty Weight 8.35 lbs.

NOTE : Empty Weight Excludes weight of battery and payload modules

.22

Frequencies 902

- 928 MHz (ISM Band)

2.4 G Hz (ISM Band)

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

Computer Software Avionics embedded processor
, P /N 30138

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

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1
, 000 ft

. AGL (304 M)

Cont rol 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 action Up 60° Down 60 °

Nominal Endurance 90 minutes a bove 32 °F (0 °C) 45 minutes below 32 °F (0 °C)23

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

- 20 ° F (

- 29 ° C )

Wind Limitation 19 knots

Maintenance This Nova Block III UAS must be maintained in a ccordance with

the Altavian Nova Maintenance Operation Manual, or later FAA accepted revision

.

iii. Flight O perations P ursuant T o T he E xemptio n So ught Would Be L imited T o Areas Over The State Of Ohio That Are Not In T he P roximity O f A irports O r Ov er P opulated A reas.
Woolpert proposes to only conduct aerial acquisition flight operations over certain rural

areas of the State of Ohio that are not near populated areas , airports, helipads, or state roads.
Specifically, Woolpert’s proposed area of fli ght operations over the State of Ohio include s rural

areas that are:

1. Not populated areas as depicted on VFR Sectional Aeronautical Charts;

2. N ot within five (5) miles of any airport or helipad ;

3. Not within one hundred (100) meters of state roads having more t han two lanes; and

4. Not within fifty (50) meters of state roads having two lanes or less

.
Furthermore
, a ll flight operations will be conducted in accordance with 14 C.F.R. § 91.119,

Minimum safe altitudes: General

. Woolpert submits that approximately 1 5,9 19 square miles, or approximately thirty

- five

percent ( 35% ) of the total area of the State of Ohio would qualify as rural area s over which

Woolpert could perform aerial acquisition flight operations pursuant to the requested exemption.24

A digital map depic ting the proposed area for flight operations over the State of Ohio,

combined with the Cincinnati and Detroit VFR Sectional Aeronautical Charts
, is attached hereto

as Exhibit A , and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). 2

The green shaded area of Figure 2 also depicts the intended area of Woolpert’s flight

operations of the Nova Block III UAS, as defined by the criteria set forth above.

Figure 2 : Green shade represents p roposed area of operations for Nova Block III UAS

aeria l acquisition s over the State of Ohio.

F igure 3 depicts an enlarged view of an example of the five (5) mile exclusion zone or

“buffer” for flight operations around airports and helipads . Because the features are

2 Exhibit s to this Petition are propriet ar y information, and in accordan ce with 14 C

. F

. R

. 11.35(b),

are not to be included in the Federal Docket Management System (FDMS).25

geometrically represented as points, the r esulting buffer is a circle. Where the buffers “mix” into

one another , a new single shape is created. The unmanned aircraft will not operate within any of

the areas depicted in white.

Figure 3 : Example of 5 mile buffer around airports on VFR Sectional A eronautical Charts.

A buffer or exclusion zone for flight operations will also be implemented around state

roads . Since the roads are represented geometrically as lines, the buffer results in a corridor.

F igure 4 depicts buffers of one hundred (100) mete rs around state roads with more than two

lanes, and fifty (50) meters around state roads with two lanes or less

.26

Figure 4 : Example of a flight exclusion zone of 100 meters around a state road with more than two lanes, and a 50 meter flight exclusion z one around a state road with two lanes or less

.27

Figure 5 depicts additional examples of state road buffers, as well as a small, rural town

.
Since t he small, rural town shown in Figure 4 is not designated as a populated area on the VFR

S ectional Aeronaut ical C hart , it is not included in the exclusion zone. As such, f light operations

will be conducted pursuant to 14 C.F.R. § 91.119, Minimum safe altitudes: General

.

Figure 5 : Example of s tate r oad flight exclusion zones and a rural t own . Since the rural town does not appear as a populated area on the VFR Sectional Aeronautical Chart, flight operations over the area will be conducted in accordance with 14 C.F.R. § 91.119.28

In summary, Woolpert seeks to operate its Nova Block III UAS only over rural ar eas of

Ohio, while maintaining safe distances from any populated areas, airports, helipads, or roadways.

iv. O peration Of The Nova Block III UAS Will Be Conducted Pursuant To A Safety Management System.
A Safety Management System ( “ SMS ” ) will cont rol Woolpert’s operation of the Nova

Block III UAS and will significantly contribute to maintaining the level of safety contemplated

by the airworthiness certificate requirements from which Woolpert now seeks relief.

Pursuant to the SMS and 14 C.F.R. § 4 3.13, entitled Performance Rules (general) , e ach

person performing maintenance, alteration, or preventive maintenance on the Nova Block III

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

in the current manuf

acturer's maintenance manual or Instructions for Continued Airworthiness

prepared by its manufacturer, or other methods, techniques, and practices acceptable to the

Administrator . Each person shall use the tools, equipment, and test apparatus necessary to assure
completion of the work in accordance with accepted industry practices.

A copy of the SMS, which is propriet ar y information
, is attached hereto as Exhibit B , and

is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). 3

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

M edical certificate to act as pilot in command of the Nova Block III UAS. Additionally, all

pilots will be assisted by a safety observer. The pilot in command and safety observer must meet

the requirements as set forth by the SMS and Standard Operating Procedures adopted by

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

. F

. R

. 11.35(b),

are not to be included in the Federal Docket Management System (FDMS).29

Woolpe rt for flight operations of the Nova Block III UAS. A copy of the Standard Operating

Procedures , which is propriet ar y information
, is attached hereto as Exhibit C , and is to be held in

a separate file pursuant to 14 C.F.R. § 11.35(b). 4

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

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

14 C.F.R. § 2 1.185 , or otherwise having a certificate of airworthiness issued by the FAA, as
contemplated by 14 C.F.R. Part 21

. Woolpert proposes to operate the Nova Block III UAS
, for

the special purpose of conducting aerial acquisitions over the State of Ohio
, pursu ant to the

following specific operating limitations:

1. Flight operations are permitted only in the defined areas over the State of Ohio.

2. The Nova Block III UAS will be operated at or below 400 ft. above ground level

( AGL ) , except as necessary to comply with the requirements of 14 C.F.R. § 91.119

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

4. The Nova Block III UAS shall be operated pursuant to Day Visual Flight Rules

(VFR) in v isual meteorological conditions (VMC) . The Nova Block III UAS shall be

operated only 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).

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

.

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

. F

. R

. 11.35(b), are not to be included in the Federal Docket Management System (FDMS).30

6. The Nova Block III UAS shall operate from on

- site takeoff/landing locations directly

next to the pilot in command and co

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

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

- located on the

same watercraft.

7. Operations shall be conducted by commercially certificated airmen who have

completed training, checking, currency, and recency of experience requirements as

approved b y the FAA Administrator.

8. Operation of the Nova Block III UAS with any inoper ative instruments or equipment

shall be prohibited.

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

Maintenance Manual.

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

requirements

.
11. For the proposed flight operation
, only one Nova Block III UAS shall be airborne at

any given time.

12. Prior to flight operations, Woolpert shall coordinate and establish two way

communicati ons with the nearest Air Traffic Control facility.

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

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

have at least twelve (12) hours of advan ce notice prior to the proposed flight

operations. C oordination shall include anticipated periods of operation, purpose of

the flights, and contact information for the operator should questions or issues arise.31 vii

. Any Other Conditions T he FAA M ay Prescribe For Safe Operation.

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

14 C.F.R. § 21.16 entitled Special Conditions , Woolpert requests that the FAA prescribe special

conditions for the intended operation of th e Nova Block III UAS , which contain such safety

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

established by Section 21.18 5 , and which will permit safe operation of the Nova Block III UAS

for the special purpose of conducting aerial acquisitions over the State of Ohio

. 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 aircraft systems in the NAS

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

§ 21.16
, for operation of the Nova Block III UAS
, since the airworthiness regulations of 14

C.F.R. Part 21 do not contain adequate o r appropriate safety standards
, due to the novel or

unusual design features of the aircraf t . 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 st andards 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

Therefore, in accordance with Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may prescribe

special conditions for Woolpert’s intended operation of the Nova Block III UAS , which contain

such safety standards that the Administrator finds necessary to establish a level of safety32

equivalent to that established by Section 21.18 5 , a nd which will permit safe operation of the

Nova Block III UAS for the special purpose of conducting aerial acquisition s over the State of

Ohio

.
F. A S ummary That C an Be P ublish ed In T he Federal Register, stating:

The Rules From Which Woolpert Seeks Exem ption:

Woolpert, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185.

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

This exemption will permit Woolpert, Inc. to operate an Unmanned Aircraft System over certain rural areas of the State of Ohio, while keeping the documents required by the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the exemption will relieve Wool pert , Inc. from the airworthiness certificate standards and the requirement to have a certificate of airworthiness f or its Unmanned Aircraft System. This exemption will also permit any required markings concerning the operational status of the UAS to be d isplayed on the fuselage of the unmanned aircraft.

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

This Petition is made p ursuant to the FAA Modernization and Reform Act of 2012,

Section 333, which directs th e Secretary of Transportation to determine if certain UAS may
operate safely in the NAS

. As such
, Woolpert’s request for exemption may be granted pursuant

to the authority of Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

Sec. 333 sets forth the require ments for considering whether a UAS will create a hazard

to users of the NAS or the public or pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification. Sec tion 333 states t he

following:

(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 saf ely in the national33

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 subse ction (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 o f 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 titl e 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 sa fely i n the national airspace system, the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airspace system.

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

in t he future
, to operate safely in the NAS without creating a hazard to users of the NAS
, or the

public
, or otherwise pose a threat to national security

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

Section 333 of the FAA Modernization and Reform Act of 2012
, which will permit safe

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

special purpose of conducting aerial acquisitions over certain rural areas in the State of Ohio

. 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 Woolpert to safely, efficiently, and eco nomically operate the Nova Block III UAS

commercially with in the NAS

.34

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

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

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

91.9(b), 91.203(a), 91.203(b)
, 45.23(b), as well as the restricted category airworthiness

certification standards specified in 14 C.F.R. § 21.185 , including the requirement to have a

cer tificate of airworthiness issued for the Nova Block III UAS, as contemplated by 14 C.F.R.

Part 21.

Dated: July 1 7 , 2014 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

____________________________ Gregory S. Winton, Esq. Jared M. Allen, Esq. 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner

cc: James H. Williams , AFS

- 80 Robert Pappas Dean G riffith, Esq.