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

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

- 95)

Submitted on March 26
, 2015

G REGORY S

. W INTON , 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 Attorney 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

................................ ................................ . 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

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

THE REASONS WHY GRANTING TRIHYDRO CORPORATION 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

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

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 1 9

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

................................ ................................ ................................ ................. 413 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 Airm e n

PIC Pilot I n Command

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

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of S i ght

VMC Visual Meteorological Conditions

VO Visual Observer4 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 exem ption will permit Trihydro
Corporation to operate an Unmanned Aircraft System (UA S ) for the commercial purpose of
conducting aerial acquisitions and research within the National Airspace System ( NAS )

.

INTRODUCTION AND INTERESTS OF THE PETITIONER
Trihydro C orporation (hereinafter referred to as “ Trihydro ”)
, is an engineering and

environ mental consulting firm headquarted in Laramie , Wyoming. Trihydro Corporation has

been in business since 19 8 4 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 consult ing, 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 acquisit ions 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 Ground5

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 maxim um 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 1 4 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 t he Federal Aviation Regulations ( 14 C.F.R. § 11.61) and the FAA Modernization

and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems
, hereby petitions the Administrator to operate the Nova R8 400 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 )

.

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

of Section 333 and will not require an airworthiness certificate in acc ordance with 14 C.F.R. P art
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 a irworthiness certificate.
Trihydro submits that the requested relief is proper since a n equivalent level of safety will

be ensured

. Trihydro will use its technicians to perform maintenance, alteration s , or preventive

maintenance on the unmanned aircraf t 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 61.1 13(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.

P art 21, Subpart H. As such, Trihydro submits that it will ensure that the Nov a R8400 UAS is in7

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 fli ght. The altitude information of the Nova R8400 UA is provided to

the PIC via a baro metric 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 ensu red 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 o f 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 batter y 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 A nd Address Of T he Petitioner.

The name and address of the Petitioner is:
Trihydro Corp oration 1252 Commerce Drive Laramie, Wyoming 82070
The point of contact for this P etition and specific contact information is as follows:
Gregory S. Winton, Esq. The Aviation Law Firm 1997 Annapolis Exchange Parkway
, Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 | Fax: (866) 568

- 9886 Ema il: Greg@aviationlawexperts.com

B. The Specific Sections Of 14 C.F.R. From Which 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) prescribe s 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 passenge rs 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) Ov er other th an congested areas,
states the following, in part:
Except when necessary for takeoff or landing, no person m ay operate an aircraft below the following altitudes: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 , entit led 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 settin g available befor e 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),

state s the following:
(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 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 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

—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 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 [.]

8

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

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

--
(1) A n 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 2 1 of this chapter.

9

. Trihydro 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, 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 desc ription (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 serv ice.
(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 a ppliance.

(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 r equired 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 safe ty 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 th e 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 u ntil 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 R eason Trihydro Seeks The Relief

.
1. Extent O f 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 exten t 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) state s 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 p erson, 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 mai ntaining 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 s pecific
proposed operations.

2. Extent O f Relief Trihydro Seeks And The Reason Trihydro 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 Trihydro to de termine that the Nova R8400 UAS is in an airworthy13

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 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) .
Trihydro se eks 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, Trihydro

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

below.

3. Extent O f 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 91.1 19(c) state that no person may operate an aircraft below 500 feet above the
surface. As set forth more fully below, T rihydro submits that a level of safety equivalent to
Section 91.119(c) will be maintained because operations will be conducted in areas wi th

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

oper ations to be conducted closer than 500 fee t 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 st ructure. As set forth more fully14

below, T rihydro 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 n onparticipating 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 re quired to remain under such protections for the duration of the operation.

4

. Extent O f 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 altitu de 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 e nsured 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 O f Relief Trihydro Seeks And The Reason Trihydro Seeks Relief From Section 91.151(a) (1)

.

R elief 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 ) condit ions to15

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 power ed Nova R8400 UA will be reduced to 5 minutes
, which would

eliminate the practicality of any aerial acquisition and research operations that Trihydro propose s
to conduct pursuant to this Petition.
Significantly, as set forth below, the technical specifications of the Nova R84 00 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 2 0 minutes, with 5 minutes of battery power remaining

(i.e

. , 20 percent remaining).

6

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

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only
apply to aircraft wit h an airworthiness certificate, Trihydro 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 for operation without an

airworthiness certificate

. Accordingly, Trihydro will use technicians to perform maintenance,

alteration s , or preventive maintenance on the unma nned aircraft system using the methods,
techniques, and practices prescribed in the manufacturer’s maintenance manual

. Furthermore,
Trihydro w ill 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

.
Gr anting the present Petition will further the public interest by allowing Trihydro to
safely, efficiently, and economically perform aerial acquisition s a nd 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 T he 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 crit ical

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

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

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

Nova R8400 UAS will also further environmental management by aidi ng 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,

co ngestion 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 aircraf t 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 w ith 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 operation s. By using battery power and electric motor s , the

Nova R8400 UA S produces no air pollution, and is the most viable environmentally conscious
alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are
typically utilized for aerial acquisitions, while burning approximate ly 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 motor s are barely
audible during the take

- off phase, and can not 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 a pproximately 6,500 pounds with a wingspan of

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

4

. Performing Aerial Acquisition Operations With The Nova 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 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 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 flexibility witho ut 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 ultimat ely contribute to growth of the U.S. economy. Improved financial performance of19

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; an d allows
companies to invest in research and development in order to remain competitive both in the

United States and abroad.

5

. There Are No Privacy Issues

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

d ecades
, the proposed operation of the Nova 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 alt itude 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 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, 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 fo r th requirements for considering whether a UAS will create a hazard to users of the NAS
or the public
, or otherwise pose a threat to national security. Specifically, FMRA Section 333
states the following, in part:20

(a) In General.

-- Notwithstanding any oth er 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 op eration of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.

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

I n seeking this exemption, Trihydro submits that the Nova R8400 UAS can operate safely

in the NAS pursuant to FMRA Section 333, as demonstra ted 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 T he Nova R8400 UAS

.

Unmanned Aircraft Sys tem 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

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

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

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

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

FAA Propeller Type Certificate: None Propeller Type: 2

- blade, plastic, fixed pitch, tractor
Propeller Sub

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

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

- blade, plastic, fixed pitch, tractor
Propeller Sub

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

.

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, u plink, downlink, and video are all on 2.4 Ghz.

Computer Software Avionics embedded processor
, P/N 30 306

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

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1
, 2 00 ft

. AGL

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

thrust of each motor individually

.

Nominal Endurance 25 minutes above 32 °F (0 °C)24 ii

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

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

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

- 1 through 7

-

3 . A copy of the Nova R8400 UAS Operator Manual, which contains proprietary information, is

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.

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

T he Nova R8400 unmanned aircraft ( UA ) uses a two

- stage failsafe approach for all

avionics failure conditions
, including the event of a loss of communications (“Lost Link”). Upon
loss of the communication signal, the Nova R8400 UA will 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 a t the home way point, the

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

- acquire the link w hile 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. Dur ing 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. I f after
15 seconds, a GPS signal is not reacquired, the UA will enter tier

- two recovery. At any time
during either tier

- one or tier

- two recovery, the operator can take over with augmented control
and utilize its onboard magnetometer to navigate back to the home waypoint through dead

reckoning. During this failure mode, the observer will call out UA position and movement back
to the operator. Once the UA is close enough to resolve orientation, or if operating with a live
video payload, the operator can engag e manual control and perform a manual landing at the pre

decided landing site.26

If a cascade of failures has occurred and L ost

- L ink has also occurred during tier two
, the

Nova R8400 UA will enter into a hover

- land 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 UA S and sets forth the unmanned aircraft’s operation
in the event of a power loss, loss of communications, loss GPS, loss of video link, or software

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

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

iv . The Nova R8400 Ground Control Station And Its Operation.
The Nova R8400 Ground Control Station is identical to the GCS utilized by the Altavian

Nova F6500 UAS, which has been granted exemptions to operate commercially in the NAS. See
Exempti on Nos. 11111, 11114 , and 11188 . A complete description of the operation and
specifications of the ground control station (GCS) and flight control software for the 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.

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 mo bile vehicle or watercraft , in order to efficiently perform
aerial acquisition operations of large areas

. As set forth in the Nova Family of Systems27

Operations Manual at page 6

- 4
, additional limitations and requirements apply to mobile
operations of the N ova 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 communicati on with the driver/operator of the vehicle as well as the safety o bserver.
GCS software must be configured for constant updating of GCS position on the map overlay, and the PIC must be kept aware of vehicle position. The GCS must be mounted or fixed to th e vehicle to ensure that no excess movement will shift the GCS during operations.
The route of the moving vehicle must be determined prior to operation and the PIC must ensure that no part of the route will obscure the safety o bserver’s view of the vehicl e 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 t o 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 “s terile environment” of a static site as described on page 4

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

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

C.F.R. § 11.35(b).

b

. Flight Operations Of The Nova R8400 UAS Are Limited To The Line Of Sight Of A Certificated Private Pilot i n Command With A Safety Observer.28

Trihydro will only utilize certificated Private Pilot s who possess a valid a irman m edical

c ertificate to act as a pilot in command of the Nova R8400 UAS. Additionally, a safety observe r
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 propriet ar y information
, is attached hereto as Exhibit B , and
is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

c . Flight s Will B e Conducted Pursuant To S pec ific Operating L imitations.
In seeking this exemption, 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 f ollowing 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 visu al 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 vi sual 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 is29

not permitted during flight ope rations. 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 gro und 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 d iscrepancy 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 opera tor 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 upo n 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 exemp tion, 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 fu nctional 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 t hat 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 replace ment/overhaul component parts must be noted in the30

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 mu st 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 third

class 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.

1 7. 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

e xemption 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

- b uilding 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 requireme nts 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 req uired 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 v isibility 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 pre

determined location within the planned operating area and land or be recovered in accordance with the operating docum ents.
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 2 0% battery power remaining.
25. The oper ator 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 t han 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 (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must b e 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 enforcem ent 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 operat ing 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 r emain 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 structure s 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. Ope rations 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/c ontroller 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 t he 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 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,

includ ing 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 necessary33

to safely operate the Nova R8400 UA S
, Trihydro submits that the additional m anned airmanship
experience of a commercially certificated pilot would not correlate to the airmanship skills
necessary for Trihydro ’s specific proposed flight operations.
Additionally, t he FAA has previously granted relief from Section 61.113(a)
, specifi c 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 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 stru ctures.
A complete description of the Nova R8400 UA S Training and Qualification requirements
is set forth at pages 3

- 5 through 3

- 6 of t he Nova Family of Systems Operations Manual
, 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 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, Trihydro 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, and34

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

herein

. Additionally, t he FAA has previously granted relief from Section 91. 7(a) , specific to

UAS , in circumstances similar, in all material respects, to 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, 1 1170, 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 protectio n , 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.

T he FAA has previously granted relief from Section 91. 119(c ) specific to UAS, in

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 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 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 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 sig ht, 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

establish ed at ground level.

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

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

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

11178, 11185, 11188 , 11189, 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 may36

safely operate the battery powered Nova R8400 UA during daylight hours in V MC for 2 0

minutes, landing with 5 minutes of battery power remaining

. Furthermore, previous exemptions
granted by the FAA concerning Section 91

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

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

T he Nova R8400 UA is powered by two Lithium Ion 11 Amp hour, 22.2V battery, and is
protected by two low battery failsafes , while the ground control station (GCS) provides a b attery

i ndicator on the heads

- up display
, which indicates the Nova R8400 UA’s current remaining
battery power measured in volts , providing the PIC with constant awar eness of the real

- time
battery voltage during a flight.
The two low battery failsafes that protect the Nova R8400 UA are a “Low AV 2 battery”

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

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

. The

“ Critically low AV battery ” s huts the propulsion motor off and lands the UA at its current

location. This failsafe is triggered if the battery drops below the critical battery voltage as
configured by the operator ( or 21.2 V )

. Furthermore, an e xemption from th e r equirements o f Section 91.151(a)(1) would not
adversely affect safety beca use Trihydro will only conduct flights during daylight hours in VMC,

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

Likewise, as set forth above, 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) t he Nova R8400 UA will only be operated during daylight hours (i.e. between the

end of mo rning 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 r ules (VFR) in visual meteorological conditions (VMC) ; a nd (3 ) t he
duration of each flight shall not exceed 2 0 minutes

. Significantly, previous exemptions granted by the FAA concerning Section 91.151(a)(1)
establish that safety is not adversely affected when the technical characteristics and operating

limitati ons 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 establis hed 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, alteration s , or preventive maintenance on the
unmanned aircraft system using the methods, techniques, and practices prescribed in the38

manufacturer’s maintenance m anual. 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 t he manufacturer’s

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

. The Nova R8400 Maintenance Manual sets forth
Scheduled Maintenance Inspection Procedures for each syst em 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.

Likewise, the exemption sought will not adversely affect safety because Trihydro will
perform maintenance, alteration s or preventive maintenance on the unmanned aircraft system
using the methods, techniques, and practices prescribed by t he manufacturer’s m aintenance

m anual

. The Nova R8400 Maintenance Manual de tail s procedures for each component of the

unmanned aircraft, including the components of the propulsion system, legs/arms, avionics
system, and payload system.
A copy of the Nova R8400 Maintenance Manual, which contains proprietary information,

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

11.35(b).

Furthermore, the exemption sought would maintain the level o f safety established by

Sections 91.407, 91.417(a) and 91.417( b) because a ll maintenance o f the Nova 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 upon39

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

m aintenance logs for all maintenance that is performed on the UAS. The procedures for
maintaining the maintenance logs for the UAS are fully set forth in the Nova Family of Systems
Oper ations Manual, Exhibit B , at Chapter 5, and the Nova 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.

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, 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

. 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
, Trihydro requests that the FAA
prescribe special conditions for the intended operation of the Nova R8400 UAS , which contai n
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), an d 91.417(a) & (b) . Such special conditions will
permit safe operation of the unmanned aircraft for the limited purpose of conducting aerial
acquisitions within the NAS

. FMRA Sec tion 333 sets forth the requirem ents for considering40

whether a UAS will create a hazard to use rs 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 operatio n 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 o r a ppropriate 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 p ropeller, 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 find s necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16

. Therefore, in accordance with FMRA Sec tion 333 and 14 C.F.R. § 21.16 , the FAA may
prescribe special conditions for Trihydro ’s intended op eration 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), 9 1.121, 91.151(a)(1)
, 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b)

.
F. A S ummary That C an Be P ublish ed In T he 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 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
, Trihydro ’s request for exemption may be granted
pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the require ments for considering whether a UAS will create

a hazard to users of the NAS or the public
, or otherwise pose a threat to national security; and
further, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above , the Nova R8400 UAS w ill 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 fulfill ing 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 w ith in 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 Petitio n 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 2 6
, 201 5

Respectfully submitted,

The Aviation Law Firm

/s/ Gregory S. Winton

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

- 8550 Fax: (866) 568

- 9886 Attorneys for Petitioner