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 REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121 , 91.151( b ), 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

NOVA R8400 UNMANNED AIRCRAFT SYSTEM PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112

- 95)

Submitted on January 8

, 201 5

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

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

BASIS FOR PETITION

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

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 1

THE REASONS WHY GRANTING ALTAVIAN

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

................................ ................................ ..................... 1 4

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 7

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 3 7

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

................................ ........................ 3 8

CONCLUSION

................................ ................................ ................................ ................. 3 83 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 s
COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National 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 Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing4 SUMMARY

Altavian , Inc

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

91.7(a), 91.121, 91.151( b ), 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 System (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 aircraft soluti ons
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 efficiently 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 Agricult ure , as well as Inspection and Monitoring

.
As set forth in this Petition, Altavian seeks to commercially operate its Nova R8400 UAS

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

research

.

BACKGROUND

Un manned Aircraft System: Altavian Nova R8400 UAS

Altavian seeks an exemption to operate the Altavian Nova R8400 UAS for compensation

or hire within the N ational A irspace S ystem (“NAS”). The Nova R8400 UAS is comprised of a5

vertical takeoff and landing (VTOL) U nmanned A ircraft (UA) and a transportable G round

C ontrol S tation (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 maxim um speed

of 16 mph. The Nova R8400 UA is equipped with eight propellers, each being driven by a

Lithium Polymer b attery powered electric motor.

The Nova R8400 UA that will be operated by Altavian will be registered in accordance

with 49 U.S.C. 44103

, Regi stration of Aircraft

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

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

, Identification and Registration

Marking

.

Figure 1 : T he Nova R8400 UA

.

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 Reform6

Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby

petitions the Adminis trator to operate the Nova R8400 UAS in the NAS

, and for an exemption

from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151( b ), 91.405(a),

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

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

unmanned aircraft and its operation, Altavian’s operation of the Nova R8400 UAS meets the

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

accordance with 14 C.F.R. P art 21, Subpart H.

Accordingly, Altavian requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1)

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

app ly to aircraft with an airworthiness certificate.

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

be ensured. Altavian, as manufacturer of the Nova R8400 UAS, will use its technicians to

perform maintenance , alteration s , or preventive maintenance on the UAS 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 R8400 UAS.

Relief from certain requirements of Section 61.113(a) and (b)

, entitled Private pilot

privileges and limitations: Pilot in command

, is requested by Altavian to the extent necessary to

allow a Pilot in Command ( PIC ) holding a private pilot certificate and a third

- class airman

medical certificate, and who has completed the Nova R8400 UAS training and currency

requirements, to conduct the proposed UAS operations

. Altavian submits that the conditions and

limitations set forth herein will ensure the safety of t he NAS, as well as the safety of persons or
property on the ground.7

Altavian 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 a rt 21, Subpart H. As such, Altavian 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 Maintenance Manual , and that the UA is in condition for safe flight

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

Altimeter Settings , as the Nova R8400 UAS is equipped with a baro meter and Global Positioning

System (GPS) equipment

, which ensures that a ground level pressure setting will be established

prior to each flight . The Nova R8400 UA’ s barometer and GPS equipment ensur e safety by

providing the PIC with adequate information concerning altitude of the UA

, above ground level

(AGL) , as shown on the heads

- up display of the GCS.

Additionally, Altavian seeks an exemption from the requirements of Section 91.151( b ),

Fuel requirements for flight in VFR conditions . Altavian submits that safety will not be affected

by terminating flights of the battery powered Nova R8400 UA after 20 minutes of continuous

flight, which would allow for five minutes (i.e, 20 percent ) of battery power remaining

.
In accordance with 14 C.F.R. § 11.81, Alt avian 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:

Altavian , Inc. 1724 NE 2nd Street Gainesville, F lorida 32609

The point of contact for this P etition and specific contact information is as follows:8 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 Altavian Seeks Exemption.

1. Altavian 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) and (b) prescribe th e following, in part:

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

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—
(1) The flight is only incidental to that business or employment; and

(2) Th e aircraft does not carry passengers or property for compensation or hire.

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

Section 91. 7, entitled Civil aircraft airworthiness , subsection (a), states the following:

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

3

. Altavian Seeks Exemption From The Requirements Of Section 91.121.

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

part:

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

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

--
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;9

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

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

4

. Altavian Seeks Exemption From The Requirements Of Section 91.151 ( b )

.

Section 91.151

, entitled Fuel requirements for flight in VFR conditions

, subsection ( b ),

state s the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to th e first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5

. 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 inspections, except as provided in paragraph (c) of this section, have discrepancies re paired as prescribed in part 43 of this chapter [.]

6

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

.

Section 91. 407

, entitled Operation after maintenance, 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 for return to service by a person authorized under § 43.7 of this chapter [.]

7

. 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:10

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

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

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

8

. 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 specified in paragraph (b) of this section:

(1) Records of the maintenance, prev entive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

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

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

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

(2) Records containing the following information:

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

(ii) The current status of life

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

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

(iv) The current inspection status of the aircraft, including the time since the las t inspection required by the inspection program under which the aircraft and its appliances are maintained.11

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or sa fety 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 airfram e 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 in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

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

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

C

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

.

1. Extent of Relief Altavian Seeks And The Reason Altavian Seeks Relief From Section 61.113(a) And (b)

.
Relief from Section 61.113(a) and (b) , entitled Private pilot privileges and limitations:

Pilot in command

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

certificate and a third

- class airman medical certificate, and who has completed the Nova R8400

UAS training and currency requirements, to conduct the proposed UAS flight operation s for

compensation

.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state

that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if (1) The flight i s only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Altavian submits that an equivalent level of saf ety will be

maintained because no PIC wil l be allowed to operate the Nova R8400 UAS unless that PIC has12

demonstrated

, through the Nova R8400 UAS training and currency requirements

, that the PIC is

able to safely operate the Nova R8400 UAS in a manner consistent with the operations

specifications as described in this exemption

, including evasive and emergency maneuvers, as

well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Altavian submits that all flights of the Nova R8400 UAS, conducted by the PIC

p ursuant to the grant of this Petition (1) will be incidental to Altavian’s business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent of Relief Altavian Seeks And The Reason Altavian Seeks Relief From Section 91. 7(a)

.

R elief from Section 91. 7( a) , entitled Civil aircraft airworthiness

, is requested to the

extent required to allow Altavian to determine that the Nova R8400 UAS is in an airworthy

condition prior to every flight by ensuring that the UAS is in compliance wit h the Nova R8400

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

Maintenance Manual , and that the UA is in condition for safe flight

. Copies of the manuals

, which contain proprietary information, are attached hereto a s 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) .

Altavian 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, Altavian

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.13

3

. Extent of Relief Altavian Seeks And The Reason Altavian Seeks Relief From Section 91. 121

.

Relief from Section 91.121 , entitled Altimeter settings

, may be required to allow flight

operation s of the Nova R8400 UAS , which utilizes a baromet er and GPS equipment, to ensure

that a ground level pressure setting will be established prior to each flight

, in order to report

altitude to the PIC . Altavian seeks the requested relief because the Nova R8400 UA does not

utilize a typical barometric altimeter onboard that may be set as contemplated by Section 91.121.

As more fully set forth below, an equivalent level of safety will be maintained since the Nova

R8400 UAS is equipped with a barometer and GPS equipment

, which will ensure that a ground

level pressure setting will be e stablished prior to each flight, and provide s the PIC with altitude

information of the UA

, above ground level (AGL)

, on the heads

- up display of the ground control

station (GCS).

4

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

.

R elief from Section 91.151( b ) , entitled Fuel Requirements for flight in VFR conditions

, is

requested to the extent required to allow flights of the battery powered Nova R8400 UA

, during

daylight hours in visual meteorological conditions under visual flight rules ( VFR )

, to continue

for a total duration of 20 minutes

, which will ensure that the UA will land with five minutes (i.e.,

20 percent ) of battery power remaining

. Altavian seeks the requested relief

, because without an

exemption from Section 91.151( b ), the flight time duration of the battery power ed Nova R8400

UA will severely constrain the practicality of any aerial acquisition and research flight operations

which Altavian propose s to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Nova R8400 UAS, the

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

, ensure that Altavian14

will safely ope rate the battery powered Nova R8400 UA during daylight hours in VFR

conditions for a total flight duration of 2 0 minutes, landing with five minutes (i.e., 20 percent ) of

battery power remaining.

5

. 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), A nd 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 R8400 UAS does not require an airworthiness certificate. A s set forth more
fully below, the Nova R8400 UAS meets the conditions of Section 333 of the FMRA for

operation without an airworthiness certificate

. Accordingly, Altavian, which manufactures the

Nova R8400 UAS, will use Altavian technicians to perform maintenance, alteration s , or
preventive maintenance on the UAS using the methods, techniques, and p ractices prescribed in

the manufacturer’s maintenance manual

. Furthermore, Altavian w ill document and maintain all

maintenance records for the Nova R8400 UAS.

D

. The Reasons Why Granting Altavian ’s Request Would Be In The Public Interest; That Is, Ho w It Would Benefit The Public As A Whole

.

Gr anting the present Petition will further the public interest by allowing Altavian to

safely, efficiently, and economically perform aerial acquisition s and research over rural areas of

the United States, commercially, in support of government entities, agriculture, scientific studies,

wildlife monitoring, forestry operations

, and the oil and gas industries. Additionally, use of the

Nova R8400 UAS will decrease congestion of the NAS, reduce pollution, and provide significant

benefits to the economy. Notably, the benefits of Altavian’s proposed operation of the Nova

R8400 UAS will be realized without implicating any privacy issues.15

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

Altavian submits this Petition to commercially operate the Nova R8400 UAS and

perform aerial acquisition and research throughout rural areas of the United States , in support of

government entities, agriculture, scientific studies, wildlife monitoring, forestry operations

, mining, and the oil and gas industries. The Nova R8400 UAS will provide safe, efficient, and

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

are critical to the well

- being of the general public.

The specific operations that Altavian will perform with the Nova R8400 UAS

demonstrate how the requested exemption will directly benefit the above

- referenced industries

and the public. In agriculture, the aerial acquisition perform ed by the Nova R8400 UAS will be

used to predict and increase crop yields, as well as research for the prevent ion of crop disease

. I n
the oil and gas industry, the Nova R8400 UAS will be used to aid in facility inspections, survey

and plan new worksites, conduct volumetric analysis, and perform right of way analysis. The

Nova R8400 UAS will also further environmental management by researching invasive species,

mapping deforestation, and surveying point source pollution.

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

The Nova R8400 UA S is battery powered and serves as a safe, efficient, and economical

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

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

of a Nova 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 property in the air and on the ground.

Furt hermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The Nova16

R8400 UA does not require an airport to takeoff or land. Likewise, a reduction of mann ed

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

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

operations.

3

. The Public Will Benefit From The Safety And Efficiency Of The Nova 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 pollution generated

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

Nova R8400 UAS produces no air pollution, and is the most viable environmentally conscious

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

typically utilized for aerial acquisitions, while burning approximately 20

- 30 gallons per hour of

leaded aviation fuel. The Nova R8400 UA S , while reducing the carbon footprint of aerial

acquisitions , also reduces noise pollution, as the UA is propel led by battery powered electric

motors, rather than an internal combustion engine.

By using the Nova R8400 UAS to perform aerial acquisitions, the substantial risk to life

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

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the

lack of flightcrew members located onboard the aircraft, the Nova R8400 UA (weighing

approximately 21.4 pounds at its maximum gross weight with a diameter of 48 inches

, rotorspan of

64 inches, and with no fuel on board), has less physical potential for collateral damage to life and

property on the ground, and in the air, compared to the manned aircraft that typically conduct

aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40

feet, a length of 34 feet, and a fuel capacity of 180 gallons).17

4

. Performing Aerial Acquisition Operations With The Nova R8400 UAS Will Benefit The Economy.

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, operation of the

Nova R8400 UAS will allow United States based companies , like Altavian

, to rem ain

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 aviation 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 operational flexibility compared to

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

manned aircraft.

By operating the Nova R8400 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 R8400 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

.

Similar to the manned aerial acquisition flight operations that have been conducted f or

d ecades

, Altavian’s proposed operation of the Nova R8400 UAS will not implicate any privacy

issues. Specifically, the Nova R8400 UAS will be operated only in rural areas, and in

accordance with all Federal Aviation Regulations, including the minimum al titude requirements18

of 14 C.F.R. § 91.119. Most significantly

, the Nova R8400 UA 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 R8400 UAS Meets Th e 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 aircraft and its operation, Altavian’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 a UAS to operate without airworthiness certification

and sets for th requi rements 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 requir ement 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 pl an and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--
(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national ai rspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).19

(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 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 Nova 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 The 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 Aircraft 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 powered, direct drive electric motor

Motor, Electric Sub

- Assembly: Manufacturer: T

- Motor Model: MN4014 1.6 HP Peak Power Direct Drive20 5.2 oz. Wt.

Motor, Controller Sub

- Assembly: Manufacturer: RCTimer 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 Lith ium Polymer rechargeable batteries , Altavian P/N 30142.

Engine (Propulsive Unit) Limits Maximum Power Output: 1.6 HP

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

- assembly temperature: 194 °F (90 °C)

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

Propeller Sub

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

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

- blade, plastic, fixed pitch, tractor21 Propeller Sub

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

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

and battery command and control.

Airspeed Limits Vne (Never Exceed Speed) 14.5 knot s (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 batter ies and payload modules.

Frequencies 902

- 928 MHz (ISM Band)

2.4 GHz (ISM Band)

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

Computer Software Avionics embedded processor, P/N 3030622

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

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1,200 ft. AGL

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 Outside 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 FAA accepted revision.

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 UAS is provided in the Nova R8400 UAS Operator Manual at pages 7

- 1 through 7

-23

3 . 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 p ursuant to 14 C.F.R. §

11.35(b) 1

.

iii

. The Nova R8400 UAS I s 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 UA u ses 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 attempt to reacquire the link. If after 10

seconds the lin k 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 of the ground control station. Once at the home waypo int, the

Nova R8400 UA will hover while continuing its attempt to reacquire the link for 30 seconds (to

allow for rebooting of the ground control station, if needed). The Nova R8400 UA will then

continue to attempt to re

- acquire the link while it navigate s through the landing procedure.

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

Nova R8400 UA will enter into a hover

- land procedure; descending while reducing speed 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).24

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 in an attempt to reacquire a signal. If after

15 se conds, 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 waypoi nt 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 c ontrol and perform a manual landing at the pre

decided landing site.

If a cascade of failures has occurred and L ost

- Link has also occurred during tier

- two

recovery , the Nova R8400 UA will enter into a hover

- land procedure; descending while reducing

speed until contact ing the ground. Throughout this decent and touchdown , the Nova R8400 UA

will remain in controlled flight.

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

describes the features of the Nova R8400 UA S

, and sets fo rth the UA ’s operation in the event of

a power loss, loss of communications, loss of GPS signal , loss of video link, or software crash.

A copy of 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).

iv . The Nova R8400 Ground Control Station And Its Operation.

The Nova R8400 Ground Control Station is identical to the GCS utilized by the Altavian

Nova F6500 UAS, which has been granted exemptions to operate commercially in the NAS. See

Exemption Nos. 11111 and 11114. A complete description of the operation and specifications of

the ground control station ( GCS ) and flight control software for the Nova R8400 UAS is25

provided in th e 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

observer co

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

aerial acquisition operations of large areas

. As set forth in the Nova Family of Systems

Operations Manual at page 6

- 4

, additional limitations and requirements apply to mobile

operations of the Nova R8400 UAS , including the following :
The driver/operator of the mobile 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 sho uld not interfere with safe flight.

The PIC must have ready communication with the driver/operator of the mobile 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 PI C must be kept aware of mobile vehicle position. The GCS must be mounted or fixed to the mobile vehicle to ensure that no excess movement will shift the GCS during operations.

The route of the mobile vehicle must be determined prior to operation . T he PIC must ensure that no part of the route will obscure the safety o bserver’s view 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 UA 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 are26

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 Operation s 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).

b

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

Altavian will only utilize certificated p ilot s who possess a valid a irman m edical

c ertificate to act as a pilot in command (PIC) of the Nova R8400 UAS. Additionally, a safety

observer will assist all pilots

. B oth the PIC and safety observer must complete the Altavian

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

Systems Operations Manual

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

contains 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 Of The Nova R8400 UAS Will B e Conducted Pursuant To S pec ific Operating L imitations.

In seeking this exemption, Altavian proposes to commercially operate the Nova R8400

UAS for the special purpose of conducting aerial acquisitions over rural areas of 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 n eight

- rotor, vertical takeoff and landing, unmanned aircraft weighing less than 15 pounds (maximum weight: 21.4 pounds) : Altavian N ova R8400

. Proposed o perations of any other aircraft will require a new petition or a petition to amend the grant.

2) The Nova R8400 UA may not be flown at an indicated airspeed exceeding 14.5 knots.27

3) The Nova R8400 UA must be operated at an altitude of no more than 1

, 20 0 feet above ground level (AGL). All altitudes reported to ATC must be in feet.

4) The Nova R8400 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

un aided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

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

, as long as the PIC al ways maintains VLOS capability. The VO and PIC must be able to com municate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of th e flight. The PIC must ensure that the VO can perform the 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 discrepancy exists between the conditions and limitations i n the exemption and the procedures outlined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents

. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present u pdated and revised documents to the Administrator upon request. The operator must also present updated and revised docu ments 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, then the operator must petition for amend ment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

7) Prior to each flight

, the PIC must inspect the Nova R8400 UAS to ensure it is in a condition for sa fe flight. If the inspection reveals a condition that affects the safe operation of the Nova R8400 UAS, the Nova R8400 UA is prohibited from operating until the necessary maintenance has been performed and the Nova R8400 UAS is found to be in a condition for safe flight. The Nova R8400 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 Nova R8400 UAS maintenance or alterations that affect the UAS oper ation 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 Nov a R8400 UA aircraft record of the flight.

9) In addition to the pre

- flight inspection section in the operating documents, the preflight inspection must also account for all discrepancies, i.e. inoperable components, items, or equipment, not already cover ed in the relevant sections of the operating documents.28

10) The operator must follow the Nova R8400 manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in 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, and the signature of the authorized Nova R8400 maintenance personnel or PIC returning the Nova R8400 UAS to service.

12) The operator’s Nova R8400 authorized maintenance personnel or PIC must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections.

13) The operator’s Nova R8400 authorized m aintenance p ersonnel

, PIC

, and VO must receive and docum ent training referenced in the operating documents.

14) The UAS operated under the exemption must comply with all manufacturer System and Safety Bulletins.

15) The PIC must possess at least a FAA

- issued private pilot certificate and a valid FAA

issued a irman medical certificate. The PIC must also meet the flight review requirements specified in 14 C

. F

. R

. 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

16) Prior to operating for hire, the PIC

, and VO must have successful ly completed Altavian’s training syllabus as outlined in the operating documents. In addition, the PIC and VO must also have successfully completed annual (recurrent) training in accordanc e with the operating documents. A record of training must be docume nted and made available upo n request by the Administrator. Training, proficiency, and experience

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.

1 7) If the Nova R8400 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 in accordance with the operating documents.

19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.29

20) The Nova R8400 UA operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C

. F

. R

. P art 47, and have identification (N

- Number) markings in accordance with 14 C

. F

. R P art 45, Subpart C.

21) Before conducting flight operations, the radio frequency spectrum used for operation and control of the Nova R8400 UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

22) The documents required under 14 C

. F

. R §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the Nova R8400 UAS any time the aircraft is operating. These documents must be made available to the Administrator

, or any law enforcement official

, upon request.

23) T he Nova R8400 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 R8400 UAS is operated from a moving device or vehicle

, the operation must be in accordance with the operating docu ments.

25) Nova R8400 UAS operations may not be conducted during night, as defined in 14 C

. F

. R

. § 1.1.

26) All operations must be conducted under visual meteorological conditions (VMC). The Nova R8400 UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

27) During operations in the National Airspace System , the UA ma y not operate within 5 nautica l miles of the geographic center of an airport as den oted on a current FAA

published aeronautical chart unless a letter of agreement wi th that airport’s management is obtained, and the operation is conducted in accorda nce with a NOTAM as required by the op erator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

28) The Nova R8400 UA may not be operated over congested or densely populated areas. These areas include

, but are not limited

, to t he 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 information. 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 R8400 UA must be conducted at least 500 feet from all persons, vessels, vehicles, and structures not directly involved in the operation.

30 ) Operations of the UA may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with th e special purpose operations. Operations closer than 500 feet from the30

PIC, VO, operato r trainees and essential persons, are permitted when operationally necessary; but never so close as to present an undue hazard, per 14 C.F.R. § 91.119(a).

3 1 ) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these objects.

32 ) All operations shall be conducted with permissi on 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 la teral 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

. P art 830 must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

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

Altavian submits that an equivalent level of safety established by Section 61.113(a) and

(b) 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

,

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.

Considering Altavian ’s proposed area of operati ons and the operating limitations set

forth

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

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

to safely operate the Nova R8400 UA S

, Altavian submits that the additional manned airmanship

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

necessary for Altavian’s specific proposed flight operations.31

Additionally, t he FAA has previous ly granted relief from Section 61.113(a) and (b)

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

Exemption Nos. 11062

, 11063

, 11064

, 11065

, 11066

, 11067

, 11080

, 11109

, 11110, 11112

,
11136, 11138 ).

As in Exemption No. 11109, Altavian 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 re quiremen ts

is set forth at pages 3

- 5 through 3

- 6 of t he Nova Family of Systems Operations Manual

, attached

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

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

3. Reasons Why An Exe mption 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, Altavian 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 Manual, and the

Nova R8400 Maintenance Manual ) and as stated in the c onditions 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 those presented herein (e.g. Exemption

Nos. 11062, 11063 , 11064, 11065, 110 66, 11067, 11080, 11109, 11110, 11112, 11136, 11138).32

4

. Reasons Why An Exemption Fr om The Requirements Of Section 91. 121 Would Not Adversely Affect Safety.

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

the Nov a R8400 UAS is equipped with a digitally encoded barometric altimeter and GPS

triangulation equipment, with a zero altitude initiation point being established prior to each

flight. As such, the PIC o n the Nova R8400 UAS is provided the altitude of the UA above

ground level (AGL) via a heads

- up display of the ground control station (GCS). Specifically, the

PIC of the Nova R8400 UAS is provided three different types of altitude information:

(1) Desired Altitude , indicati ng the commanded altitude , l ocated at the top right corner o f HUD

as well as above the HUD; (2) Altitude Above Ground Level (AGL), indicating actual altitude

relative to height above launch level on the ground, located in the center of the right side of th e

HUD ; and (3) Climb Rate , indicating the current rate of climb, located in the c enter of the right

side of the HUD

. Accordingly, the PIC of the Nova R8400 UAS will be provided with all of the

necessary altitude information necessary to maintain safe oper ation of the UA in the NAS. T he

FAA has previously granted relief from Section 91.1 2 1 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

, 11112

, 11136, 11138 ).

5

. Reasons Why An Exemption From The Requirements Of Section 91.151( b ) Would Not Adversely Affect Safety.

A grant of this exemption would ensure the equivalent level of safety established by 14

C.F.R. Section 91.151( b ) because the technical specifications of the Nova R8400 UAS, the Nova

Operations Manual, and Altavian’s proposed operating limitations will ensure that Altavian may

safely operate the battery powered Nova R8400 UA during daylight hours in VFR conditions f or

a total flight duration of 2 0 minutes, which will ensure a landing with five minutes (i.e., 2033

percent) battery power remaining

. Furthermore, previous exemptions granted by the FAA

concerning Section 91.151( b ) establish that safety is not adversely aff ected when the technical

characteristics and operating limitations of a UAS are considered.

T he Nova R8400 UA is powered by two Lithium Ion 11 Amp hour, 22.2V batteries

, and

is protect ed by two low battery failsafes. T he 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

, and thus provides the PIC with constant awareness of the real

time battery voltage during a flight.

The two low ba ttery 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 ” failsafe flies the UA

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

batteries reach a certain threshold of time as configured by the operator , or 22.2V

. The

“ Critically low AV battery ” failsafe lands the UA at its current location. This failsafe is triggered

if a battery drops below the critical battery voltage as con figured by the operator , or 21.2V

.
Furthermore, an e xemption from th e r equirements o f Section 91.151( b ) 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 20 minutes , with five minutes (i.e., 20 percent)

battery power remaining.

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

Petition that will maintain the equivalent level of safety established by Section 91.151( b ),

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 and the beginning of evening civil twilight, as

2 The Nova R8400 UAS Operator Manual defines “AV” as “Aerial Vehicle.”34

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 20 minutes

. Significantly, previous exemptions granted by the FAA concern ing Section 91.151

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 Secti on 91.151, including Exemption Nos. 2689, 5745, and

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

, specific to UAS

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

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

, 11109

, 11110

,
11136, 11138 ).

6

. Reasons Why An Exemption From The Requirements Of Sections 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 an equivalent 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), and 91.417(a) & (b) will be met because Altavian, the

manufacturer of the Nova R8400 UAS, will use its trained technicians to perform maintenance,

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

techniques, and practices prescribe d in the manufacturer’s maintenance m anual. Furthermore,

Altavian will document 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, Altavian wil l maintain the equivalent level of safety established by

Section s 91.405(a)

, 91.409(a)(1)

, and 91.409(a)(2)

. The Nova R8400 Maintenance Manual sets35

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

scheduled inspections every 25 hours, 50 hours, 75 hours, and 100 hours of operation

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

perform maintenance, alteration s or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed by t he manufacturer’s m aintenance m anual

. The Nova

R8400 Maintenance Manual details procedures for each component of the UA

, including the

c omponents of the p ropulsion system, legs/arms, a vionics 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 p ursuant to 14 C.F.R. §

11.35(b).

Furthermore, the exemption sought would maintain an equivalent 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 upon completion of appropriate inspections. See Nova Family of Systems Operations

Manual

, Exhibit B
, at page 3

- 4

. Pursuant to the Nova Family of Syst ems Operations Manual and

the Nova R8400 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 ar e fully set forth in the Nova Family of36

Systems Oper ations Manual, Exhibit B , at Chapter 5, and the Nova R8400 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 presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080

, 11109, 11110, 11112

, 11136, 11138 ).

7

. 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 2012

(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 R8400 UAS , which contain

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

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

, and 14 C.F.R §§ 61.113(a) & (b),

91.7(a), 91. 121, 91.151( b ), 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 UA for the limited purpose of

conducting aerial acquisitions over certain rural areas of 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 pose a threat to national security; and further, provides the

authority for such UAS to operate without airworthiness certification in accordance with a ny
requirements that must be established for the safe operation of the UAS in the NAS

.

Likewise , the Administrator may prescribe special conditions pursuant to 14 C.F.R.37

§ 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

, due to the novel or unusual

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

If the FAA finds that the airworthiness regulation s 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 ame ndments 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 equival ent 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 R8400 UAS , which

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

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

, and 14 C.F.R Sections 61.113(a)

& (b), 91.7(a), 9 1 .121, 91.151( b )

, 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 61.113(a) & (b), 91.7(a), 91.121, 91.151( b )

, 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:

This 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

.38

G. Any Additional Information, Views, Or Arguments 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 pu blic

, 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

, Altavian will operate the Nova R8400 UAS safely in the

NAS without crea ting 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

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

limited purpose of conducting aerial acquisitions over certain rural areas of the United 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 R8400

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 Sections39

61.113(a) & (b), 91.7(a), 91.121, 91.151( b )

, 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 R8400 UAS for the purpose of

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

.

Dated: January 8 , 2015 Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

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

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner

cc: James H. Williams , AFS

- 80 Robert Pappas Dean Griffith, Esq.