UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

TRIHYDRO CORPORATION

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS 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 AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on March 26, 2015

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

Attorney for Petitioner
2

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

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH TRIHYDRO

CORPORATION SEEKS EXEMPTION......................................................................8

THE EXTENT OF RELIEF TRIHYDRO CORPORATION SEEKS AND THE 

REASON TRIHYDRO CORPORATION SEEKS THE RELIEF..............................12

THE REASONS WHY GRANTING TRIHYDRO CORPORATION'S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ...............................................................15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........40

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT TRIHYDRO CORPORATION'S REQUEST.....................................41

CONCLUSION.................................................................................................................41
3

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle 

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot In 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 Sight

VMC Visual Meteorological Conditions

VO Visual Observer
4

SUMMARY

Trihydro Corporation 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 exemption will permit Trihydro

Corporation to operate an Unmanned Aircraft System (UAS) for the commercial purpose of 

conducting aerial acquisitions and research within the National Airspace System (NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

Trihydro Corporation (hereinafter referred to as “Trihydro”), is an engineering and 

environmental consulting firm headquarted in Laramie, Wyoming. Trihydro Corporation has 

been in business since 1984 and tackles complex environmental engineering challenges with a

core focus on specific markets such as: the petroleum industry, federal and state government 

projects, mining and natural resources, industrial and commercial operations, and infrastructure. 

Trihydro provides quality services, such as: air quality and process management, engineering and 

surveying, environmental management, water resources consulting, and data management to a 

diverse array of clients in both the public and private sectors. 

As set forth in this Petition, Trihydro seeks to commercially operate its Altavian Nova

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

BACKGROUND

Unmanned Aircraft System: Altavian Nova R8400 UAS

Trihydro 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
5

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 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. The Nova 8400 UA

BASIS FOR PETITION

Petitioner, Trihydro Corporation, by and through undersigned counsel, pursuant to the 

provisions of the 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), 
6

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).

In 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 certificate in accordance with 14 C.F.R. Part 

21, Subpart H. 

Therefore, Trihydro 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. 

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

be ensured. Trihydro will use its technicians to perform maintenance, alterations, or preventive 

maintenance on the unmanned aircraft system using the methods, techniques, and practices 

prescribed in the manufacturer’s maintenance manual. Furthermore, Trihydro will document and 

maintain all maintenance records for the Nova R8400 UAS. 

Relief from 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 private pilot certificate and an airman medical certificate, and who 

has completed the Nova R8400 UAS training and currency requirements, to conduct the 

proposed UAS operations. Trihydro submits that the conditions and limitations set forth herein 

will ensure the safety of the NAS, as well as the safety of persons or property on the ground.

Trihydro 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. 

Part 21, Subpart H. As such, Trihydro submits that it will ensure that the Nova R8400 UAS is in 
7

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.

Trihydro 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.

Trihydro also seeks an exemption from the requirements of Section 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 flight. The altitude 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 flight 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, and 

Trihydro will operate the Nova R8400 UA within visual line of sight, at or below 400 feet AGL.

Trihydro also seeks an exemption from the requirements of Section 91.151(a)(1), Fuel 

requirements for flight in VFR conditions. Trihydro submits that safety will not be affected by 

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

operation, with 5 minutes remaining battery power (i.e., 20 percent). 

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

support of its petition for exemption:
8

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Trihydro Corporation

1252 Commerce Drive

Laramie, Wyoming 82070

The point of contact for this Petition 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

Email: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which Trihydro Seeks Exemption.

1. Trihydro 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) prescribes the 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.

2. Trihydro 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. Trihydro Seeks Exemption From The Requirements Of Section 91.119(c).

Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than congested areas, 

states the following, in part:

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes:
9

(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, vessel, vehicle, or structure.

4. Trihydro 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;

(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 setting available before 

departure; 

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

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

states the following:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed--

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

6. Trihydro Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following:

Each owner or operator of an aircraft—
10

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter[.]

7. Trihydro Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states 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[.]

8. Trihydro Seeks Exemption From The Requirements Of Sections 91.409(a)(1) 

And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states 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 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.

9. Trihydro Seeks Exemption From The Requirements Of Sections 91.417(a) 

And 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, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--
11

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

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

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

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

and each rotor.

(ii) 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 last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(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.
12

C. The Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks The Relief.

1. Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks Relief 

From Section 61.113(a).

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

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

and an airman medical certificate, and who has completed the Nova R8400 UAS training 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) states that no 

person who holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft.

As set forth more fully below, Trihydro submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the Nova R8400 unless that PIC 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, Trihydro submits that the additional airmanship experience of a commercially 

certified pilot would not correlate to the airmanship skills necessary for the Trihydro’s specific 

proposed operations.

2. Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks Relief 

From Section 91.7(a).

Relief from Section 91.7(a), entitled Civil aircraft airworthiness, is requested to the 

extent required to allow Trihydro to determine that the Nova R8400 UAS is in an airworthy 
13

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 hereto as Exhibits A, B, and C, 

respectively, and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) .

Trihydro seeks the requested relief because the Nova R8400 UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Trihydro

will ensure that the Nova R8400 UAS is in an airworthy condition based upon its compliance 

with the operating documents prior to every flight, and as stated in the conditions and limitations 

below.

3. Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks Relief 

From Section 91.119(c).

Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than 

congested areas, is required because all proposed operations of 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 fully below, Trihydro 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 Trihydro will operate the Nova R8400 under the safety provisions 

contained 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 feet to persons, vessels, vehicles, or structures. This 

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 
14

below, Trihydro 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, barriers 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 Of Relief Trihydro Seeks And The Reason Trihydro 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 altitude 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 barometric 

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

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

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

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

stated below. As more fully set forth herein, a level of safety 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 above ground level (AGL), and Trihydro will operate the Nova R8400 UA within visual line 

of sight, at or below 400 feet AGL.

5. Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks Relief 

From Section 91.151(a)(1).

Relief from 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 
15

continue for a total duration of 20 minutes, with 5 minutes of battery power remaining. Trihydro

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

time duration of the battery powered Nova R8400 UA will be reduced to 5 minutes, which would 

eliminate the practicality of any aerial acquisition and research operations that Trihydro proposes

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 Trihydro’s proposed operating limitations, ensure 

that Trihydro will safely operate the battery powered Nova R8400 UA during daylight hours in 

VFR conditions for a total duration of 20 minutes, with 5 minutes of battery power remaining

(i.e., 20 percent remaining).

6. Extent Of Relief Trihydro Seeks And The Reason Trihydro Seeks Relief 

From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

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

apply to aircraft with an airworthiness certificate, Trihydro requests relief from these Sections 

because the Nova R8400 UAS does not require an airworthiness certificate. As set forth more

fully below, the Nova R8400 UAS meets the conditions of Section 333 for operation without an 

airworthiness certificate. Accordingly, Trihydro will use technicians to perform maintenance, 

alterations, or preventive maintenance on the unmanned aircraft system using the methods, 

techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, 

Trihydro will document and maintain all maintenance records for the Nova R8400 UAS. 

D. The Reasons Why Granting Trihydro’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Trihydro to

safely, efficiently, and economically perform aerial acquisitions and research within the NAS, 
16

commercially, in support 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 provide 

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 

Performed.

Trihydro 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 petroleum industry, and the 

country’s infrastructure. 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 Trihydro will perform with the Nova R8400 UAS 

demonstrate how the requested exemption will directly benefit the above-referenced industries 

and the public. In operations involving infrastructure, the aerial acquisition performed by the 

Nova R8400 UAS will be used to preview 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 performing 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.
17

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 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. 

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 takeoff or land. Likewise, a reduction of manned 

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

air traffic control during the ground, takeoff, departure, arrival, and landing 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 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 eliminates noise pollution, as its battery powered electric motors are barely 

audible during the take-off phase, and cannot be heard when operating more than 100 feet above 

ground level. 
18

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 traditional manned 

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

lack of aircrew members located onboard the aircraft, the Nova 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 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).

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 Trihydro, to remain 

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

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

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

order to remain competitive. Operating the battery powered Nova R8400 UAS is one such 

technology that not only allows companies greater operational flexibility compared to manned 

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

aircraft. 

By operating the Nova R8400 UAS, companies such as Trihydro 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 
19

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.

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

decades, 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 limitations 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 closer 

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 Rule From Which Trihydro Seeks Exemption.

1. Reasons Why The Nova R8400 UAS Meets The Conditions Of The FAA 

Modernization 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, Trihydro’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 forth 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:
20

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 of 

this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, 

and operation within visual line of sight do not create a hazard to users of the 

national airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft systems 

in the national airspace system.

In seeking this exemption, Trihydro 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 private 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.
21

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 Drive

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 Lithium 

Polymer rechargeable batteries, Altavian P/N 30142.
22

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, tractor

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 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.
23

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.

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 30306

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)
24

ii. The Nova R8400 UAS Autonomous Flight And Navigation

Modes Enable The UAS To Remain Within A Defined 

Operational Area.

A complete description of the autonomous 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-

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 pursuant to 14 C.F.R. § 

11.35(b)1.

iii. The Nova R8400 UAS Is Designed For Complete Autonomy 

From Launch To Landing 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. 

 

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).

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.
25

The 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 attempt 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 of the ground control station. Once at the home waypoint, 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 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 speed until 

contact with the ground. During this decent and touchdown, the Nova R8400 UA will remain in 

controlled flight.

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 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 deadreckoning. 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 predecided landing site.
26

If a cascade of failures has occurred and Lost-Link has also occurred during tier two, the 

Nova R8400 UA will enter into a hover-land procedure; 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 the Nova R8400 UAS 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 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, 11114, and 11188. A complete description of the operation and 

specifications of the ground control station (GCS) and flight control software for the Nova 

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.

The 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 
27

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 vehicle must be licensed and fully understand his/her role in 

the operation.

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

operation.

Equipment and personnel positioning within the vehicle must be predetermined and 

agreed upon by the team. Each team member must use appropriate safety restraint 

equipment, and such equipment should not interfere with safe flight.

The PIC must have ready communication with the driver/operator of the vehicle as well 

as the safety observer.

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 GCS must be mounted 

or fixed to the vehicle to ensure that no excess movement will shift the GCS during 

operations.

The route of the moving vehicle must be determined prior to operation and the PIC must 

ensure that no part of the route will obscure the safety observer’s view of the vehicle or 

cause any physical obstacles or obstructions to any member of the flight team.

The Area of Interest (AOI) must be large enough to warrant mobile operations, and the 

aircraft cannot be allowed to exit the AOI under any circumstance. The only change to 

the standard operating procedures (SOP’s) with mobile operations must be an update of 

the LOL (Loss of Link) site. Mobile operations are only permitted if suitable LOL sites 

are within 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 proprietary 

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 Private Pilot in Command With 

A Safety Observer.
28

Trihydro will only utilize certificated Private Pilots who possess a valid airman medical

certificate to act as a pilot in command of the Nova R8400 UAS. Additionally, a safety observer

will assist all pilots during flight operations. Additionally, both the pilot in command and safety 

observer must complete the Nova Operators Course and meet the experience requirements as set 

forth in the Nova Family of Systems Operations Manual. A copy of the Nova Family of Systems 

Operations Manual, which contains proprietary information, is attached hereto as Exhibit B, and 

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

c. Flights Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, Trihydro 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 require 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. 

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 
29

not permitted during flight 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 other 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. If 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 Administrator 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 must 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 is 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 alterations 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 PIC 

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 operating 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 manufacturer’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 must be noted in the 
30

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 Safety 

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 at least a private pilot certificate and at least a current thirdclass medical certificate 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 PIC(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 

operate 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.

19. UAS operations may not be conducted 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 an 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 letter 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 miles from the PIC. 
31

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

23. The PIC must abort the flight 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 cruising speed to the intended 

landing point and land the UA with 20% 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 grant 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 in 

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 (NNumber) 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 the 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 Remote Controller of the UAS any time the UAS is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

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 feet from all nonparticipating 

persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, 

vehicles, and structures unless:
32

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA 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 operations 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 operating 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 operations 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 conducted. 

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.

Trihydro 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 UAS unless that PIC 

has 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 this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Considering Trihydro’s proposed area of operations 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 
33

to safely operate the Nova R8400 UAS, Trihydro submits that the additional manned airmanship 

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

necessary for Trihydro’s specific proposed flight operations.

Additionally, the 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, 11109, 11110, 11112, 11136, 11138, 

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

11178, 11185, 11188, 11189, 11191, 11192, 11193, 11194, 11195, 11204, 11206, 11208, 

11209).

Trihydro will not allow any PIC to operate the Nova R8400 UAS unless that PIC has 

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 this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

A complete description of the Nova R8400 UAS Training and Qualification requirements 

is set forth at pages 3-5 through 3-6 of the 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 Exemption From 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, Trihydro will ensure that the Nova R8400 UAS is in an airworthy condition and 

safe for flight based upon 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 
34

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

herein.

Additionally, the 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, 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).

4. Reasons Why An Exemption From The Requirements 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 or 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 feet AGL. The 

nonparticipating persons will be required to remain 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, any 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.

The 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, 11136, 
35

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).

5. Reasons Why An Exemption From The Requirements Of Section 91.121

Would Not Adversely Affect Safety.

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

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

ground level (AGL), and Trihydro 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 

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

established at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

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

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

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

11178, 11185, 11188, 11189, 11191, 11192, 11193, 11194, 11195, 11204, 11206, 11208, 

11209).

6. Reasons Why An Exemption From The Requirements Of Section 

91.151(a)(1) Would Not Adversely Affect Safety.

A grant of this exemption would ensure the level of safety established by 14 C.F.R. 

Section 91.151(a)(1) because the technical specifications of the Nova R8400 UAS, the Nova 

Operations Manual, and Trihydro’s proposed operating limitations ensure that Trihydro may 
36

safely operate the battery powered Nova R8400 UA during daylight hours in VMC for 20 

minutes, landing with 5 minutes of battery power remaining. Furthermore, previous exemptions 

granted by the FAA concerning Section 91.151(a)(1) establish that safety is not adversely 

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

The 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 battery 

indicator 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.

The two low battery failsafes that protect the Nova R8400 UA are a “Low AV2battery” 

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

battery reaches a certain threshold of time as configured by the operator (or 22.2V). The 

“Critically low AV battery” shuts 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 21.2V).

Furthermore, an exemption from the requirements of Section 91.151(a)(1) would not 

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

with the duration of each flight not to exceed 20 minutes, with 5 minutes battery power 

remaining.

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

Petition that will maintain the level of safety established by Section 91.151(a)(1), including the 

 

2 The Nova R8400 UAS Operator Manual defines “AV” as “Aerial Vehicle.” 
37

following: (1) the 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 published in the 

American Air Almanac, converted to local time); (2) Nova R8400 UA will only be operated 

pursuant to visual flight rules (VFR) in visual meteorological conditions (VMC); and (3) the 

duration of each flight shall not exceed 20 minutes.

Significantly, previous exemptions granted by the FAA concerning Section 91.151(a)(1) 

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

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

less than the minimums prescribed in Section 91.151(a), including Exemption Nos. 2689, 5745, 

and 10650. Moreover, the FAA has previously granted relief from Section 91.151, 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, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11176, 11177, 11178, 11185, 11188, 11189, 11191, 11192, 11193, 

11194, 11195, 11204, 11206, 11208, 11209).

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 exemption, Trihydro 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 Trihydro, will use its 

trained technicians to perform maintenance, alterations, or preventive maintenance on the 

unmanned aircraft system using the methods, techniques, and practices prescribed in the 
38

manufacturer’s maintenance manual. Furthermore, Trihydro will document and maintain all 

maintenance records for the Nova R8400 UAS. 

Since the Nova R8400 UAS will be inspected as prescribed by the manufacturer’s

maintenance manual, Trihydro will maintain the level of safety established by Sections

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. Inspection 

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. 

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

perform maintenance, alterations or preventive maintenance on the unmanned aircraft system

using the methods, techniques, and practices prescribed by the manufacturer’s maintenance 

manual. The Nova R8400 Maintenance Manual details 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 exemption sought would maintain the level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b) because all maintenance of 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 
39

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 and saved in the 

maintenance 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 

Operations Manual, Exhibit B, at Chapter 5, and the Nova R8400 Maintenance Manual, Exhibit 

C, at Chapter 4.

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. 

The 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, 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).

 8. The FAA May Prescribe Any Other Conditions For Safe Operation.

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

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Trihydro 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. §§ 91.151(a)(1), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 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 Section 333 sets forth the requirements for considering 
40

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat 

to national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the aircraft systems in the NAS. 

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

§ 21.16, for operation of the Nova R8400 UAS, since the airworthiness regulations of 14 C.F.R. 

Part 21 do not contain adequate or 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 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 Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Trihydro’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), 

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 Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Trihydro Seeks Exemption:

Trihydro Corporation 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).
41

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

This exemption will permit Trihydro Corporation to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial acquisitions and research 

within the National Airspace System (NAS).

 

G. Any Additional Information, Views, Or Arguments Available To Support 

Trihydro’s Request.

This Petition is made pursuant 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, Trihydro’s request for exemption may be granted 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the 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; and 

further, provides the authority for such UAS to operate without 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 herein, Trihydro 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 within the National Airspace System (NAS). 

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of

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

public, by allowing Trihydro to safely, efficiently, and economically operate the Nova R8400

UAS commercially within the NAS.
42

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

Modernization and Reform Act of 2012, Section 333, Trihydro 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), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b), and permit Trihydro to operate the Nova R8400 UAS for the purpose 

of conducting aerial acquisitions and research within the NAS.

Dated: March 26, 2015

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