UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

CARDNO LIMITED FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIR EMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a ) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE ALTAVIAN NOVA R8400 UNMANNED AIRC RAFT SYSTEM

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

- 95)

Submitted on April 0 3
, 2015

G REGORY S

. W INTON , E SQ

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

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner2 TABLE OF CONTENTS
Page

GLOSSARY OF ABBREVIATIONS

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

SUMMARY

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

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

BACKGROUND

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

BASIS FOR THE PETITION

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

NAME AND ADDRES S OF THE PETITIONER

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH THE PETITIONER SEEKS EXEMPTION

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

THE EXTENT OF RELIEF THE PETITIONER SEEKS AND THE REASON THE PETITIONER SEEKS THE RELIEF

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

THE REASONS WHY GRANTING THE PETITIONER 'S REQUEST WOULD BE IN THE P UBLIC INTEREST

................................ ................................ ..................... 1 6

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 41

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT THE PETITIONER 'S REQUEST

................................ ....................... 41

CONCLU SION

................................ ................................ ................................ ................. 423 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 Regula tion

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airm e n

PIC Pilot I n Command

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

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of S ight

VMC Visual Meteorological Conditions

VO Visual Observer4 SUMMARY

Cardno Limited seeks exemption from the requirements of 14 C.F.R. §§ 61.113(a )
, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

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

Modernization and Reform Act of 2012 (FMRA)

. This exem ption will pe rmit Cardno Limited to

operate an Unmanned Aircraft System (UA S ) for the commercial purpose of conducting aerial
acquisitions and research within the National Airspace System ( NAS )

.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Cardno Limited is a profe ssional infrastructure and environmental services company,
with expertise in the development and improvement of physical and social infrastructure f or

communities around the world

. Cardno Limited has been in business since 19 45 and provide s
services to pl an, design, manage and deliver sustainable physical, social and economic

infrastructure for local and international communities. W ith over 8,200 employees conducting
projects in more than 100 countries across the world, Cardno Limited is a global provider of
services including: structural engineering and building services ; planning, environmental, design
and construction services for residential, commercial and industrial development ; assessment,

m anagement and protection of coastal and ocean environment s; strategic environmental

management ; extensive expertise in the energy and natural resources sector; assessment,
planning, construction design and management of transport infrastructure projects ; expertise in

water

- related engineering, scientific and manag ement issue s; and support ing defense

- related
projects to clients in both the private and public sector.

As set forth in this Petition, Cardno Limited seeks to commercially operate its Altavian

Nova R8400 UAS within the NAS for the purpose of conducting ae rial acquisitions and research

.5 BACKGROUND
Unmanned Aircraft System: Altavian Nova R8400 UAS

C ardno Limited seeks an exemption to operate the Altavian Nova R8400 UAS for
compensation or hire within the National Airspace System (“NAS”). The Nova R8400 UAS is
comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a
transportable Ground Control Station (GCS). The Nova R8400 UA has a maximum gross
weight of approximately 21.4 pounds, while having a diameter of 48 inches, rotorspan of 64
inches, and maximum speed of 16 mph. The Nova R8400 UA is equipped with eight propellers,
each being driven by a Lithium Polymer battery powered electric motor.
The Nova R8400 UA will be registered in accordance with 49 U.S.C. 44103, Registration

of Airc raft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14
C.F.R. Part 45, Identification and Registration Marking.

Figure 1. The Nova 8400 UA

BASIS FOR PETITION6

Petitioner, Cardno Limited (hereinafter “the Petitioner”)
, 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 R8400 UAS

within the National Airspace System (NAS)
, and for an exemption from the requirements of 14

C.F.R

. §§ 61.113(a ) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1)
, 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.4 17(a) & (b )

.

I n consideration of the size, weight, speed, and limited operating area associated with the
unmanned aircraft and its operation, the operation of the Nova R8400 UAS meets the conditions

of Section 333 and will not require an airworthiness cer tificate in accordance with 14 C.F.R. P art
21, Subpart H.

Therefore, t he Petitioner 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.

The Petitioner submits that the requested relief is proper since a n equivalent level of
safety will be ensured

. The Petitioner will use its technicians to perform maintenance,

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

t he Petitioner will document and maintain all maintenance records for the Nova R8400 UAS.

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

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

Command ( PIC ) holding a pilot certificate and an airman medical certificate or equiv alent , and
who has completed the Nova R8400 UAS training and currency requirements, to conduct the7

proposed UAS operations

. The Petitioner submits that the conditions and limitations set forth
herein will ensure the safety of the NAS, as well as the safet y of persons or property on the
ground.

The Petitioner seeks relief from Section 91.7(a) , entitled Civil aircraft airworthiness
,
because the Nova R8400 UAS does not require an airworthiness certificate in accordance with

14 C.F.R. P art 21, Subpart H. As such, t he Petitioner submits that it will ensure that the Nova

R8400 UAS is in an airworthy condition
, prior to every flight
, by determining that the UAS is in
compliance with the Nova R8400 UAS Operator Manual, the Nova Family of Systems
Operations Manual , and the Nova R8400 UAS Maintenance Manual, and that the UA is in
condition for safe flight.

The Petitioner seeks relief from Section 91.119(c), entitled Minimum safe altitudes: (c)
Over other than congested areas , because the Nova R8400 will be flown at an altitude at or

under 400 feet AGL and to the extent that the Nova R8400 may be operated closer than 500 feet
from persons, vessels, vehicles, and structures under certain conditions.

The Petitioner also seeks an exemption from the requirements of Sect ion 91.121, entitled
Altimeter Settings , because the altitude reporting equipment of the Nova R8400 UAS is set to a
pressure level of zero feet above ground level (AGL), rather than local barometric pressure or

field altitude, before each fli ght. The alti tude information of the Nova R8400 UA is provided to
the PIC via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a
radio communications telemetry data link, which downlinks from the UA to the GCS for active
monitoring of the fl ight path. A level of safety equivalent to Section 91.121 will be ensured as

the altitude of the Nova R8400 UA will be reported to air traffic control (ATC) in feet AGL, and8

t he Petitioner will operate the Nova R8400 UA within visual line of sight, at or below 400 feet

AGL.

The Petitioner also seeks an exemption from the requirements of Section 91.151(a)(1)
, Fuel requirements for flight in VFR conditions

. The Petitioner submits that safety will not be
affected by terminating flights of the battery powere d Nova R8400 UA after 20 minutes of
continuous operation
, with 5 minutes remaining batter y power (i.e., 20 percent)

. In accordance with 14 C.F.R. § 11.81, t he Petitioner 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:

Cardno Limited 5415 SW Westgate Drive Suite 100 Portland, Oregon 97221
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 The Petitioner Seeks E xemption.

1. The Petitioner Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113 , entitled Private pilot privileges and limitations: Pilot in command
,
subsections (a) prescribe s th e following, in part:

( a) No person wh o holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.9

2. The Petitioner Seeks Exe mption From The Requirements Of Section 91.7(a).

Section 91. 7, entitled Civil aircraft airworthiness , subsection (a), states the following:
(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. The Petitioner Seeks Exem ption From The Requirements Of Section 91.119(c).

Section 91.119(c), entitled Minimum safe altitudes: (c) Ov er other than congested areas
, states the following, in part:
Except when necessary for takeoff or landing, no person m ay operate an aircraft below the following altitudes:
(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vess el, vehicle, or structure.

4

. The Petitioner Seeks Exemption From The Requirements Of Section 91.121.

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

part:
(a) Each person operating an aircraft shall main tain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

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

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;
(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an ai rcraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter settin g available before departure;

5

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

.10

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

state s the following:
(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fir st point of intended landing and, assuming normal cruising speed

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

6

. The Petitioner Seeks Exemption F rom T he R equirement O f Section 91.405(a)

.
Section 91. 405
, entitled Maintenance re quired
, subsection ( a )
, states the follow ing :
Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this sectio n, have discrepancies repaired as prescribed in part 43 of this chapter [.]

7

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

.
Section 91. 407
, entitled Operation after maintenance, preventive mainte nance,
rebuilding, or alt eration , subsection (a)(1)
, state s the following:
(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized unde r § 43.7 of this chapter [.]

8

. The Petitioner Seeks Exemption F rom The Requirements Of Sections 91.409(a)(1) A nd 91.409( a)(2 ).

Section 91.409
, entitled Inspections , subsection (a)
, state s the following:
(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 o f this chapter; or11 (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

9

. The Petitioner Seeks Exemption From The Requirements Of Section s 91.417(a) A nd 91.417 (b)

.
Section 91.417
, entitled M aintenance 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 specified in paragraph (b) of this s ection:
(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, pr opeller, 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 signat ure, and certificate number of the person approving the aircraft for return to service.
(2) Records containing the following information:
(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The cur rent status of life

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

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The curren t inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive12 involves recurring action, the time and date when the next action is required.
(vi) Copies o f 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 prescribe d:
(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.
(2) The records specified in paragraph (a)(2) of this section shall b e 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 approve d for return to service.

C

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

.
1. Extent O f Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 61.113(a).

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

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

airman medical certificate or equivalent , and who has completed the Nova R8400 UAS traini ng
and currency requirements, to conduct the proposed UAS flight operations for compensation.

This relief is requested since the limitation set forth in Section 61.113(a) state s that no
person who holds a private pilot certificate may act as pilot in comm and of an aircraft that is
carrying passengers or property for compensation or hire; nor may that person, for compensation
or hire, act as pilot in command of an aircraft.
As set forth more fully below, The Petitioner submits that an equivalent level of s afety
will be maintained because no PIC will be allowed to operate the Nova R8400 unless that PIC13

has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to
safely operate the Nova R8400 UAS in a manner consistent with the operations specifications as
set forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate
distances from people, vessels, vehicles and structures.

Further, t he Petitioner submits that the additional airmanship experienc e of a
commercially certified pilot would not correlate to the airm anship skills necessary for the

Petitioner ’s specific proposed operations.

2. Extent O f Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 91. 7(a)

.

R e lief from Section 91. 7( a) , entitled Civil aircraft airworthiness , is requested to the
extent required to allow The Petitioner to determine that the Nova R8400 UAS is in an airworthy
condition prior to every flight by ensuring that the UAS is in compliance with the Nova R8400

UAS Operator Manual , the Nova Family of Systems Operations Manual , and the Nova R8400

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

manuals , which contain proprietary information, are attached h ereto as Exhibit s A, B, and C,
respectively, and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) .

The Petitioner seeks the requested relief because the Nova R8400 UAS does not require

an airworthiness certificate in accordance with 14 C.F.R. P art 21, Subpart H. Therefore, t he

Petitioner will ensure that the Nova R8400 UAS is in an airworthy condition based up on its
compliance with the operating documents prior to every flight, and as stated in the conditions

and limitations below.

3. Extent O f Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 91.119(c).14

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than
congested areas , is required because all proposed operations o f the Nova R8400 UAS will take
place at an altitude at or below 400 feet AGL. The relief is requested since the limitations set
forth in Section 91.119(c) state that no person may operate an aircraft below 500 feet above the

surface. As set forth more fu lly below, t he Petitioner submits that a level of safety equivalent to
Section 91.119(c) will be maintained because operations will be conducted in areas with

controlled access and t he Petitioner will operate the Nova R8400 under the safety provisions

cont ained within this petition and the Nova R8400 operating documents.
Additionally, relief from Section 91.119(c) is requested to the extent necessary to allow
operations to be conducted closer than 500 fee t to persons, vessels, vehicles, or structures . Thi s
relief is requested since the limitations set forth in Section 91.119(c) prohibit operating an
aircraft closer than 500 feet to a person, vessel, vehicle, or structure. As set forth more fully

below, t he Petitioner submits an equivalent level of safety will be maintained because operations
closer than 500 feet to a person, vessel, vehicle, or structure will first require that the operator
receive permission from any nonparticipating persons or the person who owns/controls the
property. In addition, barr iers or structures will be in place to sufficiently protect
nonparticipating persons from debris in the event of an accident and all nonparticipating persons
will be required to remain under such protections for the duration of the operation.

4

. Extent O f Relief The Petitioner Seeks And The Reason The Petitioner Seeks Relief From Section 91. 121

. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight
operations of the Nova R8400 UAS, because the Nova R8400 UA’s alti tude reporting equipment
may be set on the ground to a pressure level of zero feet AGL, rather than local barometric
pressure or field altitude, before each flight. The Nova R8400 UAS utilizes a barometric15

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

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

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

. F

. R

. §

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

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

be ensured as the altitude of the Nova R8400 UA will be reported to air traffic control (ATC) in

feet ab ove ground level (AGL), and t he Petitioner will operate the Nova R8400 UA within visual
line of sight, at or below 400 feet AGL.

5

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

.

R elief fro m Section 91.151(a)(1) is requested to the extent required to allow flights of the
battery powered Nova R8400 UA during daylight hours in visual flight rules ( VFR ) conditions to

continue for a total duration of 20 minutes
, with 5 minutes of battery power r emaining

. The

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

the flight time duration of the battery power ed Nova R8400 UA will be reduced to t he point that

it would eliminate the practicality of any aerial ac quisition and research operations that t he

Petitioner propose s to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the Nova R8400 UAS, the

Nova R8400 UAS operating documents , and t he Petitioner ’s propo sed operating limitations
,
ensure that t he Petitioner will safely operate the battery powered Nova R8400 UA during
daylight hours in VFR conditions for a total duration of 2 0 minutes, with 5 minutes of battery

power remaining (i.e

. , 20 percent remaining).

6

. Extent O f Relief The Petitioner Seeks And The Reaso n The Petitioner Seek s Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).16

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, The Petitioner requests relief from these

Sections because the Nova R8400 UAS does not require an airworthiness certificate. A s set

forth more fully below, the Nova R8400 UAS meets the conditio ns of Section 333 for operation

without an airworthiness certificate

. Accordingly, t he Petitioner will use technicians to perform

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

. Furthermore, t he Petitioner w ill document and maintain all maintenance records for the Nova

R8400 UAS.

D

. The Reasons Why Granting The Petitioner ’s Request Would Be In The Public Interest; That I s, How It Would Benefit The Public As A Whole

.
Gr anting the present Petition will further the public interest by allowing t he Petitioner to
safely, efficiently, and economically perform aerial acquisition s and research within the NAS
, commercially, in su pport of government entities, mining and natural resources
, industrial and

commercial entities, the petroleum industry
, and the country’s infrastructure

. Additionally, use

of the Nova R8400 UAS will decrease congestion of the NAS, reduce pollution, and pr ovide
significant benefits to the economy. Notably, the benefits of the proposed operation of the Nova

R8400 UAS will be realized without implicating any privacy issues.

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

The Petitioner submits this Petition to commercially operate the Nova R8400 UAS and
perform aerial acquisition and research within the NAS , in support of government entities,
mining and natural resources, industrial and commercial entities, the petrol eum industry, and the
country’s infrastructure. The Nova R8400 UAS will provide safe, efficient, and economical17

aerial acquisition and research operations to further each of these fields, all of which are critical

to the well

- being of the general public.
The specific operations that t he Petitioner will perform with the Nova R8400 UAS
demonstrate how the requested exemption will directly benefit the above

- refere nced industries
and the public. In operations involving infrastructure , the aerial acquisition performed by the

Nova R8400 UAS will be used to pre view possible sites for construction projects and provide
precise topographic information about selected sites. In mining, natural resources
, and the
petroleum industry, the Nova R8400 UAS will be used to aid in facility inspections, surveying
and planning new worksites, volumetric analysis, and pe rforming right of way analysis. The

Nova R8400 UAS will also further environmental management by aiding in identifying,
developing, and transporting scarce water resources

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

The Nova R8400 UA is battery powered and serves as a safe, efficient, and economical
alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By redu cing the
amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use

of a Nova R8400 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 pr operty in the air and on the ground.
Furthermore, by reducing the number of manned aircraft operating in the NAS,
congestion around airports caused by arriving and departing aircraft will be reduced. The Nova

R8400 UA does not require an airport to tak eoff or land. Likewise, a reduction of manned
aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by
air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight
operations.18

3

. The Public Will Benefit From The Safety And Efficiency Of The Nova R8400 UAS.
Conducting aerial acquisitions with the Nova R8400 UAS
, instead of manned aircraft
, will greatly benefit the public by drastically reducing the levels of air and noise p ollution generated
during traditional aerial survey flight operation s. By using battery power and electric motor s , the

Nova R8400 UA S produces no air pollution, and is the most viable environmentally conscious
alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are
typically utilized for aerial acquisitions, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The Nova R8400 UA, while reducing the carbon footprint of aerial
acquisitions , also e liminates noise pollution
, as its battery powered electric motor s are barely
audible during the take

- off phase, and cannot be heard when operating more than 100 feet above
ground level.
By using the Nova R8400 UAS to perform aerial acquisitions, the s ubstantial risk to life
and property in the air and on the ground , which is usually associated with traditional manned
aircraft flight operations
, will be substantially reduced or completely eliminated

. Aside from the

lack of aircrew members located onboa rd the aircraft, the Nova R8400 UA (weighing
approximately 21.4 pounds at its maximum gross weight
, with a diameter of 48 inches and a
rotorspan of 64 inches
, and with no fuel on board)
, has less physical potential for collateral damage
to life and propert y on the ground
, and in the air
, compared to the manned aircraft that typically

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

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

4

. Perfor ming Aerial Acquisition Operations With The Nova R8400 UAS Will Benefit The Economy.19

In addition to being safe and efficient, the Nova R8400 UAS is also an economical
alternative to using manned aircraft to conduct aerial acquisitions . As such, ope ration of the

Nova R8400 UAS will allow companies , like t he Petitioner
, 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 acti ons 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 R8400 UA S is one such technology that not
only allows companies greater operationa l flexibility compared to manned aircraft, but provides
such flexibility without the high operational cost of a traditional manned aircraft.
By operating the Nova R8400 UAS , companies such as t he Petitioner can remain
competitive and profitable, and ther efore provide greater job stability to employees and

contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial
performance of companies in the U.S.
, through commercial use of the Nova R8400 UAS
, provides a stable work force 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 t he manned aerial acquisition flight operations that have been conducted for

d ecades
, the proposed operation of the Nova R8400 UAS will not implicate any privacy issues.
Specifically, the Nova R8400 UAS will be operated in accordance with operating limitat ions set

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

of 14 C.F.R. § 91.119. Most significantly
, the Nova R8400 UAS will not be operated closer20

than 500 feet to any person, vessel, vehicle, or structure
, which is not directly involved in the
operation unless certain conditions are met

.
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 Ru le From Which The Petitioner Seeks Exemption.

1. Reasons Why The Nova R8400 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 associ ated with the
unmanned aircraft and its operation, t he Petitioner ’s operation of the Nova R8400 UAS meets

the conditions of FMRA Section 333
, and will not require an airworthiness certificate in
accordance with 14 C.F.R. Part 21, Subpart H.

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

sets for th requirements for considering whether a UAS will create a hazard to users of the NAS
or the public
, or 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 a ircraft 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 makin g 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 certificati on 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 a ircraft systems may operate safely i n the national airspace system,21

the Secretary shall establish requirements for the safe ope ration of such aircraft systems in the national airspace system.

I n seeking this exemption, t he Petitioner submits that the Nov a R8400 UAS can operate
safely in the NAS pursuant to FMRA Section 333, as demonstrated by : ( a ) the characteristics of

the Nova R8400 UAS ; ( b ) the pilot certification requirement; and ( c ) the specific operating

limitations

.

a . The Specifications Of The N ova R8400 UAS Demonstrate Its Safe

Characteristics.

The Nova R8400 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 R8400 UAS

.

Unmanned Aircraft System The Nova R8400 is an Unmanned Aircraft System that is comprised

of vertical takeoff and landing (VTOL) unmanned aircraft and a transportable ground control station.

Unmanned A ircraft Dimensions Diameter: 48 inches

Rotorspan: 64 inches

Engine (Propulsive Unit) Engine (Propulsive Unit)

(8) Altavian Inc. P/N : 30305 (Electric) FAA Engine Type Cert: None Propulsive Unit Type: 25V, 22 Amp Hour capacity, Lithium ion battery pow ered, direct drive electric motor

Motor, Electric Sub

- Assembly: Manufacturer: T

- Motor Model: MN4014 1.6 HP Peak Power Direct Drive 5.2 oz. Wt.

Motor, Controller Sub

- Assembly: Manufacturer: RCTimer22 Model: NFS 45A Type: Speed Controller 55 Amps Maximum 1.4 oz. Wt.

Motor, Battery: Manufacturer: MaxAmps, Inc. Type: 2(two) x Lithium Ion 11 Amp hour each 22.2V (nominal)

Fuel Not Applicable.

NOTE: The Nova R8400 UAS is powered by two Lithium Polymer rechargeable batteries, Altavian P/N 30142.

E ngine (Pro pulsive Unit) Limits Maximum Power Output: 1.6 HP

Maximum RPM: 8,316 RPM Maximum Motor Temperature: 170 °F (77 °C) NOTE: The motor temp erature is not displayed to the operator. Maximum motor, controller sub

- assembly temperature: 194 °F (90 °C)
Power On (Engine and Rotor Tach, neither visible to operator) Maximum 8316 RPM Minimum 3742 RPM

Propeller and Propeller Limits (4) Altavian Inc. P/N 30490

FAA Propeller Type Certificate: None Propeller Type: 2

- blade, plastic, fixed pitch, tractor

Pro peller Sub

- Assembly: Manufacturer: APC Propeller Model: CAM 16x5.5M P R Diameter (Nominal): 16 in.

(4) Altavian Inc. P/N 30488 FAA Propeller Type Certificate: None Propeller Type: 2

- blade, plastic, fixed pitch, tractor
Propeller Sub

- Assembly: Manufacturer: APC Propeller Model: CAM 16x5.5MR Diameter (Nominal): 16 in.23

Battery Command & Control 2 (two) Nova Air Vehicle Batteries P/N 30142 power the motors,

and battery command and control.

Airspeed Limits Vne (Never Exceed Speed) 14.5 knots (7.5 m/s)

Empty Weight C.G. Range - 1 to 1 inches of datum

Datum Centroid of Vehicle

.

Maximum Weights Ramp 21.4 lbs.

Takeoff 21.4 lbs. Landing 21.4 lbs

Empty Weight 12.8 lbs.

NOTE : Empty Weight Excludes weight of battery and payload modules

.

Freq uencies 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 S oftware Avionics embedded processor
, P/N 30 306

Minimum Crew (1) The Nova R8400 UAS can be operated by a single operator.

Number of Seats (0) Not Applicable.24 ii

. The Nova R8400 UAS Autonomous Flight A nd Navigation Modes Enable T he UAS To Remain Within A De fined O perational A rea.

A complete description of the au tonomous modes and methods of navigation for the

Nova R8400 UA S is provided in the Nova R8400 UAS Operato r Manual at pages 7

- 1 through 7

-

3 . A copy of the Nova R8400 UAS Operator Manual, which contains proprietary information, is Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Al titude 1
, 2 00 ft

. AGL

Rotor Blade and Control Movements Fixed Rotor Control. Vehicle control is achieved through varying

thrust of each motor individually

.

Nominal Endurance 25 minutes above 32 °F (0 °C) 12 minutes below 32 °F (0 °C)

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

- 20 ° F (

- 29 ° C )

Wind Limitation 9.7 knots

Maintenance This Nova R8400 UAS must be maintained in accordance with the

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

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

11.35(b) 1

.
iii

. The Nova R8400 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 R8400 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 R8400 unmanned aircraft ( UA ) uses a two

- stage failsafe approach for all

avionics failure conditions
, including the event of a loss of communications (“Lost Link”). Upon
loss of the communication signal, the Nova R8400 UA will attemp t to reacquire the link. If after

10 seconds the link has not been reacquired , the Nova R8400 UA will continue to attempt to
reacquire the link while maintaining the current altitude and navigating to the home waypoint,

which is the same as the location o f the ground control station. Once at the home way point, the

Nova R8400 UA will hover while continuing its attempt to reacquire the link for 3 0 s econds (to
allow for rebooting o f the ground control station, if needed). The Nova R8400 UA will then

continu e to attempt to re

- acquire the link while it navigates through the landing procedure.
The landing procedure for Lost Link is identical to a normal landing procedure. The

Nova R8400 UA will enter into a hover

- land procedure; descending while reducing spe ed until
contact with the ground. During this decent and touchdown, the Nova R8400 UA will remain in
controlled flight.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management System (FDMS).26

Loss of GPS signal will result in a two

- tiered recovery approach. Upon loss of a GPS
signal, the Nova R8400 UA will immediately hover i n an attempt to reacquire a signal. If after
15 seconds, a GPS signal is not reacquired, the UA will enter tier

- two recovery. At any time
during either tier

- one or tier

- two recovery, 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 R8400 UA will enter into a hover

- land proce dure; descending while reducing speed until
contacting the ground

. During this decent and touchdown , the Nova R8400 UA is still in
controlled flight.

The Nova R8400 UAS Operator Manual at Chapter 8 “Emergency Procedures” fully

describes the features of t he Nova R8400 UA S and sets forth the unmanned aircraft’s operation
in the event of a power loss, loss of communications, loss GPS, loss of video link, or software

crash. A copy of Nova R8400 UA S Operator Manual , which contains proprietary information, is

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

iv . The Nova R8400 Ground Control Station And Its Operation.
The Nova R8400 Ground Control Station is identical to the GCS utilized by the Altavi an
Nova F6500 UAS, which has been granted exemptions to operate commercially in the NAS. See
Exempti on Nos. 11111, 11114 , and 11188 . A complete description of the operation and
specifications of the ground control station (GCS) and flight control software for the Nova27

R8400 UAS is provided in the Nova R8400 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 R8400 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 R8400 UAS.

T he Nova R8400 UAS may be safely operated by a Pilot in Command ( PIC ) and safety

obse rver co

- located with a GCS on a mobile vehicle or watercraft , in order to efficiently perform
aerial acquisition operations of large areas

. As set forth in the Nova Family of Systems
Operations Manual at page 6

- 4
, additional limitations and requirements a pply to mobile
operations of the Nova R8400 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 pr ior to the operation.
Equipment and personnel positioning within the vehicle must be predetermined and agreed upon by the team. Each team member must use appropriate safety restraint equipment, and such equipment should not interfere with safe flight.

Th e PIC must have ready communication with the driver/operator of the vehicle as well as the safety o bserver.
GCS software must be configured for constant updating of GCS position on the map overlay, and the PIC must be kept aware of vehicle position. The G CS 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 saf ety 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 sites28

are within 500 ft. of the PIC at all times. The entire AOI must also meet the “sterile environment” of a static site as described on page 4

- 4 of the Operations Manual
, otherwise mobile operations are prohibited.
A copy of the Nova Family of Systems Operations Manual , which contains propriet ar y

informa tion
, is attached hereto as Exhibit B , and is to be held in a separate file pursuant to 14

C.F.R. § 11.35(b).

b

. Flight Operations Of The Nova R8400 UAS Are Limited To The Line Of Sight Of A Certificated Private Pilot i n Command With A Safety Observ er.

The Petitioner will only utilize certificated Pilot s who possess a valid a irman m edical

c ertificate or equivalent to act as a pilot in command of the Nova R8400 UAS. Additionally, a
safety observe r will assist all pilots during flight operations. A dditionally, both the pilot in
command and safety observer must complete the Nova Operators Course and meet the
experience requirements as set forth in the Nova Family of Systems Operations Manual

. A copy

of the Nova Family of Systems Operations Manual , w hich 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 s Will B e Conducted Pursuant To S pec ific Operating L imitations.
In seeking this exemption, The Petiti oner proposes to commercially operate the Nova

R8400 UAS for the special purpose of conducting aerial acquisitions within the NAS
, pursuant

to the following specific operating limitations:
1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents, which is the Altavian Nova R8400 Unmanned Aircraft System, an octo

- rotor aircraft weighing approximately 21. 4 pounds at maximum gross weight. Proposed operations of any other aircraft will requi re a new petition or a petition to amend this grant.
2. UAS operations under this exemption are limited to conducting operations for the purpose of aerial acquisitions.29

3. The UA may not be flown at an indicated airspeed exceeding 13.9 knots (i.e., 16 mph)

. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.
6. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during fligh t operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight.
7. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and othe r ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.
8. The operating documents and this grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. I f a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrato r upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to the 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.
9. Prior to each flight the PIC m ust inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS i s found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.
10. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operating documents. The PIC30

who conducts the functional test flight must make an entry in the UAS aircraft records of the flight.
11. The pre

- flight inspection must account for all potential discrepancies, i.e. inoperable components, items, or equipment, not already covered in the relevant preflight inspection sections of the operat ing documents.
12. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in the m anufacturer’s manuals.
13. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts mus t be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.
14. Each UAS operated under this exemption must comply with all manufacturer S afety Bulletins.
15. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.
16. The PIC must possess a pilot certificate and at least a current third

- class med ical certificate or equivalent for all flight operations. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
17. Prior to operations, the PIC must have completed the operator’s training and currency requirements as prescribed in the operating documents. During that training, the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), the minimum hours prescribed in the operating documents for a UAS pilot operating the make and model of the UAS to be utilized for operations under the exemption. Training, proficiency, and experience

- building flights can be conducted under this grant of exemption to qualify the operator’s P IC(s), VO(s) and other essential personnel as defined in the operating documents. However, said training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR § 91.119.
18. The operator may not permit any PIC to operate unless that PIC has demonstrated through the operator’s training and currency requirements that the PIC is able to safely

o perate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.31

19. UAS operations may not be cond ucted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
20. The UA may not operate within 5 nautical miles of a n airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The let ter of agreement with the airport management must be made available to the Administrator upon request.
21. The 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 mil es from the PIC.
22. If the 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.

23. The PIC must abort the fl ight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.
24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruis ing speed to the intended landing point and land the UA with enough battery to fly an additional five minutes (i.e., 2 0% battery power remaining )

. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the gran t of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements i n the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
26. All aircraft 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. Markings must be as large as practicable.
27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with th e Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.
28. The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC at the location of the Ground Control Station of the UAS a ny time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.32

29. The UA must remain clear and yield the right of way to other aviation operations and activities at all times.

30

. If the UAS is operated from a moving vehicle or device, the operation must be in accordance with the operating documents

. 31. The UA may not be operated over congested or densely populated areas.
32. Flight operations must be conducted at least 500 f eet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the U A and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operat ions must cease immediately and/or;
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of oper ating closer to those objects and determined that it does not present an undue hazard, and;
c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).
33. All operatio ns shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be cond ucted.
34. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) Would Not Adversely Affect Safety.

The Petitioner submits that an equivalent level of safety established by Section 61.113(a)
will be maintained because no PIC will be allowed to operate the Nova R8400 UA S unless that

PIC has demonstrated
, through the Nova R8400 UA S training and currency requirements
, tha t33

the PIC is able to safely operate the Nova R8400 UA S in a manner consistent with this
exemption, including evasive and emergency maneuvers and maintaining appropriate distances
from people, vessels, vehicles and structures.
Considering t he Petitioner ’s proposed area of operations and the operating limitations set

forth

- above ; the parallel nature of all certificated pilot aeronautical knowledge requirements to

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

nece ssary to safely operate the Nova R8400 UA S
, t he Petitioner submits that the additional
manned airmanship experience of a commercially certificated pilot would not correlate to the
airmanship skills necessary for t he Petitioner ’s specific proposed flight op erations.
Additionally, t he FAA has previously granted relief from Section 61.113(a)
, specific to
UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos

. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 1110 9, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11158, 11159, 11160, 11161, 11170, 11171, 11172, 11174, 11176, 11177,

11178, 11185, 11188 , 11189, 11191, 11192, 11193 , 11194, 11195, 11204, 11206, 11208, 11209
, 11213, 11215, 11216, 11217, 11218, 11220, 1 1221, 11222, 11223, 11224, 11225, 11226, 11227,

11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

The Petitioner will not allow any PIC to operate the Nova R8400 UA S unless that PIC
has demonstrated through the Nova R8400 UA S training and currency requirements that the PIC
is able to safely operate the Nova R8400 UA S in a manner consistent with this exemption,
including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.
A complete description of the Nova R8400 UA S Training and Qualification requirements
is set forth at pages 3

- 5 through 3

- 6 of t he Nova Family of Systems Operations Manual
, attached34

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

3. Reasons Why An Exemption Fr om The Requirements Of Section 91. 7(a) Would Not Adversely Affect Safety.
The level of safety established by Section 91.7(a) will be maintained because prior to
every flight
, t he Petitioner will ensure that the Nova R8400 UAS is in an airworthy condition and
safe for flight based up on the Nova R8400 UAS’s compliance with its operating documents (i.e.,

the Nova R8400 UAS Operator Manual, the Nova Family of Systems Operations M anual, and

the Nova R8400 UAS Maintenance Manual ) and as stated in the conditions and limitations

herein

. Additionally, t he FAA has previously granted relief from Section 91. 7(a) , specific to
UAS, in circumstances similar, in all material respects, to tho se presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172,

11174, 11177, 11178, 11185, 11188 , 11189 , 11191, 11192, 11193 , 11194, 11195, 11204, 11206,

11208, 11209
, 11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225,

11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

4. Reasons Why An Exemption From The Requir ements Of Section 91.119(c) Would Not Adversely Affect Safety.
The equivalent level of safety established by Section 91.119(c) will be maintained
because in any operation to be conducted closer than 500 feet from any nonparticipating persons,

barriers o r structures will be present to sufficiently protect any nonparticipating persons from
debris in the event of an accident during operation of the Nova R8400 UA , which weighs less

than twenty

- two (22 ) pounds and will be operated below an altitude of 400 fee t AGL. The35

nonparticipating persons will be required to remain with in the area of protection
, and if any
nonparticipating person leaves the area of protection and is within 500 feet of the Nova R8400
, flight operations would cease immediately.
Additionally, a ny operation to be conducted closer than 500 feet from persons, vessels,
vehicles, and structures would first require the permission of the land owner/controller and a
safety assessment of the risk of operating closer to those objects by the PIC.

T he FAA has previously granted relief from Section 91. 119(c ) specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 111 36,

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171,

11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11194,

11195 , 11204, 11206, 11208, 11209
, 11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222,

11223, 11224, 11225, 11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240,

11241 ).

5

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121

Would Not Adversely Affect Safety.
The equivalent level of safety establ ished by Section 91.121 will be maintained because

the altitude of the Nova R8400 UA will be reported to air traffic control (ATC) in feet above
ground level (AGL), and t he Petitioner will operate the Nova R8400 UA within visual line of
sight, at or below 400 feet AGL. Furthermore, the altitude information of the Nova R8400 UA
will be provided to the PIC via a barometric pressure sensor, GPS equipment and a radio
communications telemetry data link, which downlinks from the UA to the GCS for active

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

establish ed at ground level.36

T he FAA has previously granted relief from Section 91.121 specific to UAS, in
circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153,

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

11178, 11185, 11188 , 11189, 1 1191, 11192, 11193 , 11194, 11195, 11204, 11206, 11208, 11209
, 11213, 11215, 11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227,

11228, 11229, 11230, 11237, 11238, 11239, 11240, 11241 ).

6

. Reasons Why An Exemption From The Requireme nts Of Section 91.151(a)(1) Would Not Adversely Affect Safety.
A grant of this exemption would ensure the level of safety established by 14 C.F.R.

Section 91.151(a)(1) because the technical specifications of the Nova R8400 UAS, the Nova
Operations Manua l, and The Petitioner ’s proposed operating limitations ensure that t he Petitioner
may safely operate the battery powered Nova R8400 UA during daylight hours in V MC for 2 0

minutes, landing with 5 minutes of battery power remaining

. Furthermore, previous ex emptions
granted by the FAA concerning Section 91

. 151(a)(1) establish that safety is not adversely

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

T he Nova R8400 UA is powered by two 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 R8400 UA’s current remaining
battery power measured in volts , providing the PIC with constant awareness of the real

- time
battery voltage during a flight.37

The two low battery failsafes that protect the Nova R8400 UA are a “Low AV 2 battery”

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

to the location of the ground control station (GCS)
, or identified Rally point
, when the UA
battery reaches a certain threshold of time as configured by the operator ( or 22.2 V )

. 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 21.2 V )

. Furthermore, an e xemption from th e r equirements o f Section 91.151(a)(1) would not
adversely affe ct safety because t he Petitioner will only conduct flights during daylight hours in

VMC, with the duration of each flight not to exceed 2 0 minutes , with 5 minutes battery power
remaining.

Likewise, as set forth above, t he Petitioner 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 R8400 UA will only be operated during daylight hours (i.e. between
the end of morning civil twilight an d the beginning of evening civil twilight, as published in the

American Air Almanac, converted to local time) ; (2) Nova R8400 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 2 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 cons idered. 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,

2 The Nova R8400 UAS Operator Manual defines “AV” as “Aerial Vehicle.”38

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

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

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

11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188 , 11189, 11191, 11192, 11193
, 11194, 11195, 11204, 11206, 11208, 11209
, 11213, 11215, 11216, 11217, 11218, 11220, 11221,

11222, 11223, 11224, 11225, 11226, 11227, 11228, 11229, 11230, 11237, 11238, 11239, 11240,

11241 ).

7

. 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 exempti on, t he Petitioner 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 t he Petitioner
, will use

i ts trained 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 m anual. Furthermore, t he Petitioner will docume nt and maintain all

maintenance records for the Nova R8400 UAS.

Since the Nova R8400 UAS will be inspected as prescribed by t he manufacturer’s

m aintenance m anual, t he Petitioner will maintain the level of safety established by Section s
91.405(a)
, 91.409 (a)(1)
, and 91.409(a)(2)

. The Nova R8400 Maintenance Manual sets forth
Scheduled Maintenance Inspection Procedures for each system and component. I nspection

intervals for the Nova R8400 UAS include preflight and post flight inspections , as well as

schedu led inspections every 25 hours, 50 hours, 75 hours, and 100 hours.39

Likewise, the exemption sought will not adversely affect safety because t he Petitioner

will perform maintenance, alteration s or preventive maintenance on the unmanned aircraft

system usi ng the methods, techniques, and practices prescribed by t he manufacturer’s

m aintenance m anual

. The Nova R8400 Maintenance Manual detail s procedures for each
component of the unmanned aircraft, including the components of the propulsion system,
legs/arms, avionics system, and payload system.
A copy of the Nova R8400 Maintenance Manual, which contains proprietary information,

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

11.35(b).

Furthermore, the exemptio n 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 R8400 UAS will

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

records for the Nova R8400 UAS. Altavian trained technicians are qualified to conduct any and

all maintenance to ensure the safe operation of the Nova family of UAS , conduct all service
inspections, and authorize the use of each vehicle in the Nova family of UAS based up on
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 R8400

Maintenance Manual, a Maintenance Action Form must be completed an d 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 R8 400 Maintenance Manual , Exhibit

C , at Chapter 4

.40

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 c haracteristics 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 presented herein ( e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159,

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

11188 ,11189, 11191, 11192, 11193 , 11194 ,11195, 11204, 11206, 11208, 11209
, 11213, 11215,

11216, 11217, 11218, 11220, 11221, 11222, 11223, 11224, 11225, 11226, 11227, 11228, 11229,

11230, 11237, 11238, 11239, 11240, 11241 ).

8

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

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions
, t he Petitioner requests that the FAA
prescribe special conditions for the intended operation of the Nova R8400 UAS , which contain
such safety standards that th e Administrator finds necessary to establish a level of safety
equivalent to that established by 14 C.F.R. Part 21, Subpart H
, and 14 C.F.R

. §§ 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), an d 91.417(a) & (b) . Such special conditions will
permit safe operation of the unmanned aircraft for the limited purpose of conducting aerial
acquisitions within the NAS

. FMRA Sec tion 333 sets forth the requirem ents for considering

whether a UAS will create a hazard to users of the NAS or the public
, or otherwise pose a threat
to national security; and further, provides the authority for such UAS to operate without
airworthiness certification in accordance with any requirements that must be established for the
safe operation of the aircraft systems in th e NAS

.
Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.41

§ 21.16
, for operation of the Nova R8400 UAS
, since the airworthiness regulations of 14 C.F.R.
Part 21 do not contain adequate o r appropriate safety standards
, du e to the novel or unusual
design features of the aircraft . Section 21.16, entitled Special Conditions , states the following:
If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16

. Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may
prescribe special conditions for t he Petitioner ’s intended operation of the Nova R8400 UAS
,
which contain such safety standards that the Administrator finds necessary to establish a lev el of
safety equivalent to that established by 14 C.F.R. Part 21, Subpart H
, and 14 C.F.R

. Sections

61.113(a ), 91.7(a), 91.119(c), 91.121, 91.151(a)(1)
, 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & (b)

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

The Rules From Which Cardno Limited Seeks Exemption:

Cardno Limited seeks exemption from the requirements of 14 C.F.R

. Sections 61.113(a ), 91.7(a) , 91.119(c) , 91.121, 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 Cardno Limited Seeks:
This exemption will permit Cardno Limited to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisit ions and research within the National Airspace System ( NAS )

.
G. Any Additional Information, Views, Or Arguments Available To Support The Petitioner ’s Request.42

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

(FMRA) Secti on 333, which directs the Secretary of Transportation to determine if certain UAS
may operate safely in the NAS

. As such
, t he Petitioner ’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 for th 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 with out airworthiness certification.

As discussed in detail above , the Nova R8400 UAS will 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 here in
, Cardno Limited seeks an exemption pursuant to 14 C.F.R. § 11.61

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)
, which will permit
safe operation of the Nova R8400 UAS commercially
, without an airworthiness certificate
, for

the l imited purpose of conducting aerial acquisitions within the National Airspace System

(NAS)

. By granting this Petition, the FAA Administrator will be fulfill ing the Congressional

mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests

of the public
, by allowing Cardno Limited to safely, efficiently, and economically operate the

Nova R8400 UAS commercially w ith in the NAS

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

Modernization and Reform A ct of 2012, Section 333, Cardno Limited respectfully requests that
the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R

.
Sections 61.113(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1)
, 91.405(a), 91.407(a)(1),43

91.409(a)(1 ) & (a)(2), and 91.417(a) & (b)
, and permit Cardno Limited to operate the Nova

R8400 UAS for the purpose of conducting aerial acquisitions and research within the NAS

.
Dated: April 0 3
, 201 5

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

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

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner