UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ALTAVIAN, INC. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIR EMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 14 C.F.R 91.151(a)(1), 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

NOVA F6500 UNMANNED AIRCRAFT SYSTEM PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on December 12

, 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 ALTAVIAN , INC. SEEKS EXEMPTION

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

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

................................ ................................ .. 1 0

THE REASONS WHY GRANTING ALTAVIAN

, INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ................................ ..................... 1 1

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

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

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

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

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

................................ ........................ 3 4

CONCLUSION

................................ ................................ ................................ ................. 3 43 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS Nation al Airspace System

NOTAM Notice to Airman

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 Aircr aft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer4 SUMMARY

Altavian , Inc

. seeks exemption from the requirements of 14 C.F.R §§ 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) , to operate an Unmanned

Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA)

. This exem ption will permit Altavian , Inc. to operate an Unmanned Aircraft Syst em

(UA S ) for the commercial purpose of conducting aerial acquisitions and research over certain

rural areas of the United States

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Altavian , Inc. (hereinafter referred to as “ Altavian ”) is an unmanned aircraf t solutions

provider that integrates engineering and manufacturing with services that enable the technology

for federal, state, local, and commercial clients. Altavian is focused on providing solutions for

utilizing unmanned aircraft to safely and efficie ntly collect data that is precise, accurate, and

timely.

Altavian’s mission is to use unmanned aircraft to simplify and increase the effe ctiveness

of data collection in: Natural Resources and Conservation

, Construction and Infrastructure

, Precision Agri culture

, as well as Inspection and Monitoring

.
As set forth in this Petition, Altavian seeks to commercially operate its Nova F6500 UAS

over certain rural areas of the United States for the purpose of conducting aerial acquisitions and

research

.5 BACKG ROUND

Unmanned Aircraft System: Altavian Nova F6500 UAS

Altavian 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 of

approximately fifteen (15) pounds , while having a wingspan of 108 inches and a length 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 Altavian will be registered in accordance

with 49 U.S.C. 44103

, Registration of Aircraft

, as well as 14 C.F.R Part 47, Aircraft

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

, Identification and Registration

Marking

.6 Figure 1 : T he Nova F6500 UA

. Previous Sec. 333 Grant Of Exemption and the Proven Operational History of the Nova F6500 UAS

On De cember 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 certain rural areas of the stat e of Ohio

(Regulatory Docket No. FAA

- 2014

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

(Regulatory Docket No. FAA

- 2014

- 0398, Exemption No. 11114)

. As such, the Nova F6500

UAS has already been granted exemptions pursuant to Sec. 333 , FMRA, to op erate 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 with in the NAS pursuant to

a ppr oximately fifteen ( 1 5 ) 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 Distric t

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 future

, pending approval by the FAA

.

BASIS FOR PETITION

Petitioner, Altavian , 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 to operate the Nova F6500 UAS in the national airspace system

, and

for an exemption from the requirements of 14 C.F.R §§ 91.151(a)(1)

, 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2)

, and 91.417(a) & (b )

.7

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

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

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

C.F.R. P art 21, Subpart H.

Therefore, Altavian 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.

Altavian submits that the requested relief is proper since a n equivalent level of safety will

be ensured

. Altavian, as the manufacturer of the Nova F6500 UAS, will use its 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, Altavian will document and maintain all maintenance records for the

Nova F6500 UAS.

Altavian also seeks an exemption from the requirements of Section 91.151(a)(1)

, Fuel

requirements for flight in VFR conditions

. Altavian submits that safety will not be affected by

terminating flights of the battery powered Nov a F6500 UA after 8 0 minutes of continuous

operation

, with 10 minutes remaining batter y power

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

support of its petition for exemption :

A. Name A nd Address Of T he Petitione r.

The name and address of the Petitioner is:

Altavian , Inc. 1724 NE 2nd Street Gainesville, F lorida 326098

The point of contact for this P etition and specific contact information is as follows:

Gregory S. Winton, Esq. The Aviation Law Firm 1997 An napolis 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 Altavian Seeks Exemption.

1. Altavian 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 fore cast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

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

2

. Altavian 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 inspecti ons, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter [.]

3

. Altavian Seeks Exemption F rom The Requirements Of Section 91.407(a)(1)

.

Section 91. 407

, entitled Operation after mainten ance, preventive mainte nance,
rebuilding, or 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 fo r return to service by a person authorized under § 43.7 of this chapter [.]9

4

. Altavian 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) Exc ept as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to serv ice by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

5

. Altavian 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:

(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 specif ied 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 air frame) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--
(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) T he current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.10

(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 i nspection 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 dir ectives 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:

(1) The records specified i n paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

C

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

.

1. Extent O f Relief Altavian Seeks And The Reason Altavian Seeks Relief From Section 91.151(a) (1)

.

R elief from Section 91.151(a)(1) is requested to the extent required to allow fli ghts of the

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

continue for a total duration of 80 minutes

, with 10 minutes of battery power remaining

. Altavian seeks the requested relief because without an exe mption from Section 91.151(a)(1), the

flight time duration of the battery power ed Nova F6500 UA will be reduced by one third, which

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

Altavian propose s to conduc t pursuant to this Petition.11

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

Nova Operat ions Manual, and Altavian’s proposed operating limitations

, ensure that Altavian

will safely operate the battery powered No va F6500 UA during daylight hours in VFR conditions

for a total duration of 8 0 minutes, with 10 minutes of battery power remaining.

2. Extent O f Relief Altavian Seeks And The Reaso n Altavian Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b).

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

apply to aircraft wit h an airworthiness certificate, Altavian requests relief from these Sections

because the Nova F6500 UAS does n ot require an airworthiness certificate. A s set forth more
fully below, the Nova F6500 UAS meets the conditions of Section 333 for operation without an

airworthiness certificate

. Accordingly, Altavian, which manufactures the Nova F6500 UAS, will

use Alta vian 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, Altavian w ill document and maint ain all

maintenance records for the Nova F6500 UAS.

D

. The Reasons Why Granting Altavian ’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 b y allowing Altavian to

safely, efficiently, and economically perform aerial acquisition s and research over the United

States, commercially, in support of government entities, agriculture, scientific studies, wildlife

monitoring, forestry, and the oil and g as industries. Additionally, use of the Nova F6500 UAS

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

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

realized without implicating any privacy issues.12

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

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

aerial acquisition and research throughout the U nited States , in support of government entities,

agriculture, scientific studies, wildlife monitoring, forestry, mining, and the oil and gas

industries. The Nova F6500 UAS will provide safe, efficient, and economical aerial acquisition

and research operati ons to further each of these fields, all of which are critical to the well

- being

of the general public.

The specific operations that Altavian will perform with the Nova F6500 UAS

demonstrate how the requested exemption will directly benefit the above

- refe renced industries

and the public. In agriculture, the aerial acquisition performed by the Nova F6500 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 F6500 UAS will be used to aid in facility inspections, surveying and

planning new worksites, volumetric analysis, and performing right of way analysis. The Nova

F6500 UAS will also further environmental management by researching invasive species,

mapping deforestation, a nd surveying point source pollution.

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

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

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

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

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

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

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

congestion around airports caused by arriving and departing aircraft will be reduced. The Nova13

F6500 UA does not require an airport to takeoff or land. Likewise, a reduction of manned

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

air traffic control during the ground, takeoff, departure, arrival, and landing phase s 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 th e levels of air and noise pollution generated

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

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

alternative to t he 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 o f aerial

acquisitions , also eliminates noise pollution

, as its battery powered electric motor is barely audible

during the take

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

level.

By using the Nova F6500 UAS to perform aerial acquisitions, the substantial risk to life

and property in the air and on the ground , which is usually associated with traditional manned

aircraft flight operations

, will be substantially reduced or completely eliminated

. Aside from the

lack of ai rcrew 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 collatera l damage to

life and property on the ground

, and in the air

, compared to the manned aircraft that typically14

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).

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 Altavian

, 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 F6500 UA S is one such

technology that no t only allows companies greater operational flexibility compared to manned

aircraft, but provides such flexibility without the high operational cost of a traditional manned

aircraft.

By operating the Nova F6500 UAS , companies such as Altavian can remain competitive

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

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

U.S. companies

, through commercial use of the Nova F650 0 UAS

, provides a stable workforce

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

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

United States and abroad.

5

. There Are No Privacy Issues

.

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

d ecades

, the proposed operation of the Nova F6500 UAS will not implicate any privacy issues.15

Specifically, the Nova F6500 UAS will be operated only in rural areas, and in accordance with

all Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §

91.119. Most significantly

, the Nova F6500 UAS will not be operated closer than 500 feet to

any person, vessel, vehicle, or structure , which is not directly involved in the operation

.

E

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

1. Reasons Why The Nova F6 500 UAS Meets The Conditions Of The FAA Modernizatio n and Reform Act of 2012 (FMRA) Section 333.

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

unmanned aircra ft and its operation, Altavian’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 opera te 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 otherwise pose a threat to national security. Specifically, FMRA Section 333

states the following, in part:

(a) In General.

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

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsectio n (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 si ght do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and16 (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49 , United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

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

I n seeking this exemption, Altavian submits that the Nova F6500 UAS can operate safely

in the NA S 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 oper ating limitations

.

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 N AS for the purpose of performing aerial acquisitions. On

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

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

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

Docket No. FAA

- 2014

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

Docket No. FAA

- 2014

- 0398, Exemption No. 11114).

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

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

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

Aviation Administration (“FAA”) to the Mi ddle 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 University17

of Florida . The U.S. Army Corps of Engineers will be operating the Nova F6500 UAS pursuant

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

b

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

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

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

capability.

i

. Technical Specifications Of T he Nova F6500 UAS

.

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

of an amphibious unmanned aircraft and a transportable ground station.

Unmanned Aircraft Dimensions Wingspan: 108 in.

Length: 65 in.

Engine (Propulsive Unit) Engine (Propulsive U nit)

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

Motor, Electric Sub

- Assembly: Manufacturer: NeuMotor Model: 1509 2.0 HP Pea k 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.18 Motor, Battery: Manufacturer: MaxAmps, Inc

. Type: Lithium Ion 11 Amp hour 22.2V (no minal)

Fuel Not A pplicable.

NOTE: The Nova F6500 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 7,20 0) Maximum Motor Temperature: 170 °F ( 7 7 °C) NOTE : The motor temperature is not displayed to the operator

. Maximum motor, controller sub

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

- flight engine run up after 3 sec

. at max throttle: 22.6V

Propeller and Propeller Limits (1) Altavian Inc

. P/N 30360

FAA Propeller Type Certificate: None Propeller Type: 2

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

Propeller Sub

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

.

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

command and control

.

Airspeed Limits Vne (Never Exceed Speed) 58 knot (30 m/s)

Vno (Maximum Structura l Cruising Speed) 48 knots (25 m/s) Va (Maneuvering Speed) 48 knots (25 m/s) Landing Speed: 27 knots (14 m/s)19

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 lead ing edge 21.2 in

. from nose

Leveling Means Not A pplicable

.

Maximum Weights Ramp 15 lbs

.

Takeoff 15 lbs

. Landing 15 lbs

.

Empty Weight 8.35 lbs.

NOTE : Empty Weight Excludes weight of battery and payload modules

.

Frequencies 902

- 928 MHz (ISM Band)

2.4 GHz (ISM Band)

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

Computer Software Avionics embe dded processor

, P/N 30138

Minimum Crew (1) The Nova F6500 UAS can be operated by a single operator.20

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1

, 2 00 ft

. AGL

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 action Up 60° Down 60 °

Nominal Endurance 9 0 minutes above 32 °F (0 °C) 45 minutes below 32 °F (0 °C)

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

- 20 ° F (

- 29 ° C )

Wind Limitation 19 knots

Maintenance This Nova F6500 UAS must be maintain ed in accordance with the

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

.21 ii

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

A complete descripti on 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

attached heret o 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 therefore, is a

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

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

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

- stage failsafe approach for all

avionics failure conditions

, including the event of a loss of communications (“Lost Lin k”). 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 altitud e 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 continuing 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.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS).22

The landing procedure for L os t L ink is identical to a normal landing procedure. The

Nova F 6500 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 touchdow n spot. The Nova F6500

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

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

above the ground.

Loss of GPS signal will resul t in a two tiered recovery approach. Upon loss of a GPS

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

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

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

magnetometer to navigate back to the home waypoint through dead

- reckoning. During this

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

. Once

the UA is close enough to resolve orientation

, or if operating with a live video payload, the

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

- decided landing

site.

If a cascade of failures has occurred and 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 flair speed. During this decent, the Nova F6500 UA is still

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

propeller off, minimizing damage to anything that the Nova F6500 UA may c ontact

.

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

describes the features of the No va F6500 UA and sets forth the unmanned aircraft’s operation in23

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

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

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

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

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

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

software is provided at Chapter 7

. A copy of the Nova F6500 UAS Operator Manual, which

contains proprietary information, is attached hereto as Exhibit A , and is to be held in a separate

file pursuant to 14 C.F.R. § 11.35(b)

.

v. Safe Mobile Operation Of The Nova F6500 UAS.

T he Nova F6500 UAS may be safely operated by a Pilo t

- in

- Command ( PIC ) and safety

observer co

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

aerial acquisition operations of large areas

. As set forth in the Nova Family of Systems

Operations Manual at page 6

- 4

, additio nal limitations and requirements apply to mobile

operations of the Nova F6500 UAS , including the following :
The driver/operator of the vehicle must be licensed and fully understand his/her role in the operation.

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

Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by the team. Each team member must use appropriate safety restraint equipment, and such equipment should n ot interfere with safe flight.

The PIC must have ready communication with the driver/operator of the vehicle as well as the safety o bserver.24

GCS software must be configured for constant updating of GCS position on the map overlay, and the PIC must be kep t 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.

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

The Area of Interest (AOI) must be large enough to warrant mobile operations, and the aircraft cannot be allowed to exit the AOI under any circumstance. The only change to the standard operating procedures ( SOP’s ) with mobile operations must be an update of the LOL ( Loss of Link ) site. Mobile operations are only permitted if suitable LOL sites are within 50 0 ft. of the PIC at all times. The entire AOI must also meet the “sterile environment” of a static site as described on page 4

- 4 of the Operations Manual

, otherwise mobile operations are prohibited.

A copy of the Nova Family of Systems Operations Manual

, which contains 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.

Altavian will only utilize certificated Private Pilot s who possess a valid Airman M edical

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

observer, who will also possess a vali d Airman M edical Certificate, and who has completed a

private pilot ground school, and passed the FAA private pilot knowledge test, will assist all

pilots . Additionally, both the pilot in command and safety observer must complete the Altavian

Nova Operato rs Course and meet the experience requirements as set forth in the Nova Family of

Systems Operations Manual

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

contains 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).25 d. Flight s Will B e Conducted Pursuant To S pec ific Operating L imitations.

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

UAS for the special purpose of conducting aerial acquisitions over the United States

, pursuant to

the following specific operating limitations:

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 operations of any other aircraft will require a new petition or a petition to amend the grant.

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

3) T he Nova F6500 UA must be operated at an altitude of no more than 1

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

4) The Nova F6500 UA must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all ti mes. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

5) All operations must utilize a Visual Observer (VO). The VO may be u sed 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 dur ation of th e flight. The PIC must ensure that the VO can perform the functions 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 di screpancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the operator must fol low the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present u pdated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions 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, th en 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.26

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 perfor med and the Nova F6500 UAS is found to be in a condition for safe flight. 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.

8) Any No va 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 the pre

- flight inspection section in the operating documents, the preflight inspection must also account for all discrepancies, i.e. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.

10) The operator must follow the Nova F6500 manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11) The operator must carry o ut its maintenance, inspections, and record keeping requirements, in accordanc e with the operating documents. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description of work accomplished, a nd 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 th e corrective action taken against discrepancies discovered between inspections.

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 un der 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 requirem ents 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 documen ts. In addition, the PIC and VO must also have successfully completed 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, proficie ncy, and experience

-27

building flights for the purpose of training pilots and VOs to conduct flights authorized by the exemption are permitted under the terms of the exemption.

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

- determined location within the planned operating area and land

, or be recovered in accordance with the operating documents.

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies pursuant to the operating d ocuments.

19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (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 Commis sion (FCC) or other appropriate government oversight agency requirements.

22) The documents required under14 C

. F

. R §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the Nova F6500 UAS any time the aircraft is operating. The se documents must be made available to the Administrator or any law enforcement official upon request.

23) The Nova F6500 UA must remain clear and yield the right of way to all other aircraft operations and activities at all times.

24) If t he Nova F650 0 UAS is operated from a moving device or vehicle

, the operation must be in accordance with the operating documents.

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

. F

. R

. § 1.1.

26) All operations must be conducted und er visual meteorological conditions (VMC). The Nova F6500 UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

27) During operations in the Nationa l 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 by28

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 popul ated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local inf ormation. Ultimately, it is the PIC’s responsibility to maintain the 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 dire ctly 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. O perations 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 a t distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these object s.

32 ) All operations shall be conducted with permission from the land owner/controlle r or authorized representative. Permission from 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 Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 91.151(a)(1) Would Not Adversely Affec t 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 Altavian’s proposed operating limitations ensur e that Altavian 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, previous29

exemptions granted by the FAA concerning Section 91

. 151(a)(1) estab lish 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 low 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 control station (GCS)

, or identi fied 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 failsafe is triggered if the battery drops below the critical battery voltage as

configured by the operator , or 19.4V

.
Furthermore, an e xemption from th e r equirements o f Section 91.151(a)(1) would not

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

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

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

contains proprietary information, is attached hereto as Ex hibit B , and is to be held in a separate

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

2 The Nova F6500 UAS Operator Manual defines “AV” as “Aerial Vehicle.”30

Likewise, as set forth above, Altavian 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, converted 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 the FAA concerning Section 91.151(a)(1)

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

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

less than the minimums prescribed in Section 91 .151(a), including Exemption Nos. 2689, 5745,

and 10650. Moreover, the FAA has previously granted relief from Section 91.151(a)(1)

, specific

to UAS

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

Exemption Nos. 8811, 1 0808, 10673 , 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080

,

11109

, 11110 ).

3

. 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, Altavian submits that the level of safety with regard to the

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

91.407(a)(1), 91.409( a)(1) & (a)(2), 91.417(a) & (b) will be met because Altavian, the

manufacturer of the Nova F6500 UAS, will use its trained technicians to perform maintenance,

alteration s , or preventive maintenance on the unmanned aircraft system using the methods,31

techniques, and practices prescribed in the manufac turer’s maintenance m anual. Furthermore,

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

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

m aintenance m anual, Altavian will maintain the l evel 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, and 100 hours.

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

perform maintenance, alteration s or preventi ve maintenance on the unmanned aircraft system

using the methods, techniques, and practices prescribed by t he manufacturer’s m aintenance

m anual

. The Nova F6500 Maintenance Manual detail s procedures for each component of the

unmanned aircraft, including th e c omponents of the p ropulsion system, a vionics system, payload

system, fuselage system, wing, and tail.

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

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

11.35(b).

Furthermore, the exemption sought would maintain the level o f safety 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 te chnicians, who will document and maintain maintenance

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

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

inspections, an d authorize the use of each vehicle in the Nova family of UAS based upon32

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 F6 500

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

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

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

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

C , at Chapter 5.

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

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

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

T he FAA has previously granted relief specific to UAS in circumstances similar, in all material

respects, to those pres ented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080

, 11109, 11110, 11112 ).

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

In accordance with Sec tion 333 of the FAA Modernization and Reform Act of 201 2

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions

, Altavian 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 establis h 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 special conditions will

permit safe operation of the unmanned aircr aft for the limited purpose of conducting aerial

acquisitions over certain rural areas in the United States

. 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 po se a threat to national security; and further, provides the authority for such33

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

.

Lik ewise , 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 safety standards

, due to the nove l or unusual

design features of the aircraft . Section 21.16, entitled Special Conditions , states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16

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

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

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

equiva lent to that established by 14 C.F.R. Part 21, Subpart H

, and 14 C.F.R Sections

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 Altavian Seeks Exemption:

Altavian, Inc. seeks exemption from the requirements of 14 C.F.R Sections 91.151(a)(1)

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

. A Brief Description Of The Nature Of The Exemption Altavian Seeks:

T his exemption will permit Altavian , Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research over certain rural areas of the United States

.34

G. Any Additional Information, Views, Or Ar guments Available To Support Altavian ’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 NAS

. As such

, Altavian ’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 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.

As discussed in detail above , the Nova F6500 UAS has in the past, and will continue in

the future

, to operate safely in the NAS without creating a hazard to users of the NAS

, or the

public

, or otherwise pose a threat to national security

.

CONCLUSION

As set forth herein

, Altavian seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Secti on 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 over certain areas of the Un ited States

. 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 Altavian to safely, efficiently, and economically operate the Nova F6500 UAS

commercially with in the NAS

.

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

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

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections35

91.151(a)(1)

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

, and permit

Altavian to operate the Nova F6500 UAS for the purpose of conducting aerial acquisitions and

research over certain rural areas of the United States

.

Dated: December 12 , 2014 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

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

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner

cc: James H. Williams , AFS

- 80 Robert Pappas Dean Griffith, Esq.