# A USLEY 

# M C 

# M ULLEN

ATTORNEYS AND COUNSELORS AT LAW

123 SOUTH CALHOUN STREET

P.O. BOX 391 (ZIP 32302)

TALLAHASSEE, FLORIDA 32301

(850) 224-9115 FAX (850) 222-7560

www.ausley.com

July 28, 2015

Via Electronic Submission and Certified U.S. Mail Docket Operations U.S. Department of Transportation West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Re: Application for Exemption from Speci fied Aviation Regulations Under Section
333 of the FAA Modernization and Reform Act of 2012. Applicant: Cheetah Software Systems, Inc.
Attn: Robert M. Darroll
Chairman and Chief Executive Officer 31280 Oak Crest Dr., Suite 3 Westlake Village, California 91361 Telephone: (805) 373-7111
Email: bdarroll@cheetah.com rdoran@ausley.com shogan@ausley.com

Dear Sir or Madam:

Please accept this letter as the application of Cheetah Software Systems, Inc. for exemption from specified provisions of the Code of Federal Regulations. This exemption request
is submitted under Section 333 of the FAA Modern ization and Reform Act of 2012 (“FMRA”).

Cheetah Software Systems, Inc. (the “Applican t”) is a leader in the logistics technology industry. The Applicant’s customers have successf ully optimized and delivered over two billion dynamic time-based and consumer pickup and deliv ery applications on time. The Applicant is a recognized leader in applying lo gistics technology to traditio nal transportation operations.

The Applicant has begun research into how Small Unmanned Aircraft Systems (“sUAS”) can be used to aid in logistics solutions for the Applicant’s customers. The Applicant submits2 this application for FAA approval to continue th is research with commercial customers. The Applicant also proposes to use sUAS systems in other commercial opera tions that complement its existing logistics business.

The Applicant proposes to use sUAS for the following commerci al applications:

1. A logistics project the Appli cant proposes to initiate in cooperation with one of its customers (the “Pilot Project”); 1

2. Precision Agriculture;
3. Aerial Mapping and Three-Dimensional Imaging; and
4. Utility Pipeline and Power Line Inspection.

The Applicant has a team of experienced prof essionals ready to perform services related to each of these commercial applications. The Applicant requests exemption from the following regulations for this purpose: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 61.3(d)(2)(iii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), (b ); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b).

Summary of Applicant’s Scope of Operations

The Applicant proposes to conduct commercial sUAS operations in the four areas specified above (the “Proposed Op erations”). Most, if not all, of the Proposed Operations can be conducted under the terms of the “Blanket COA” policy outlined in the March 20, 2015, FAA memorandum enclosed with this application. 2

In the event that certain Proposed Operations wi ll take place closer to an airport, heliport, or seaport than otherwise allowed by the Blanke t COA, the Applicant will obtain a Letter of Agreement with the management of the affected ai rport, heliport, or seap ort prior to the Proposed

1 The Pilot Project is described in a confidentia l filing submitted contem poraneously with this exemption application (the “Pilot Project Desc ription”). The Pilot Project Description is submitted as a Confidential Document under 14 C.F.R. § 11.35(b). The entire Pilot Project Description contains prop rietary information that the Applican t has not and will not share with others. The Pilot Project Descript ion contains operating conditions and procedures that are not available to the public and ar e protected from release under 5 U.S.C. section 552, et seq.

2 The memorandum is enclosed as Attachment 1.3 Operations. The Letter of Agreement will be ma de available to the FAA and law enforcement officials upon request. 3

In the event that certain Proposed Operations cannot be conducted under the terms of the Blanket COA and/or a Letter Agreement, the App licant will initiate a COA application for such operations.

The Pilot in Command (“PIC”) for each operation will hold, at a minimum, a sport pilot
certificate.

Aircraft and Equivalent Level of Safety

The Applicant’s training activities will take pl ace in Operations Areas that comply with the terms of (a) any Blanket COA or other a pproval granted by the FAA; (b) a Letter of Agreement with the management of an airport, he liport, or seaport nearby the Operations Areas, as necessary; or (c) the Operati ons Areas specified in a separa te COA application filed by the Applicant.

The Applicant proposes to use the DJI Spr eading Wings S900 for its operations under this application. 4

The DJI Spreading Wings S900 (the “sUAS”) weighs less than 55 pounds, including energy sources and equipment, prior to take-o ff. Manufacturer-provided manuals are enclosed with this application (the “Manufacturer Instru ctions”). The Manufacturer Instructions will be used to ensure that the sUAS platforms fl own by the Applicant are operated safely.

The Applicant will apply to register th e sUAS platforms with the FAA prior to conducting operations. These registrations will be in accordance with the FAA’s guidance to COA holders from the FAA UAS Integration O ffice dated November 5, 2014, as the same may be updated from time to time.

The Applicant agrees to be bound by the following limitations and conditions when conducting commercial operations unde r an FAA issued exemption.

3 The FAA has previously granted leave for commercial sUAS operati ons under a Letter of Agreement with airports in close proximity to the operational area. See, e.g. , Exemption No. 11290, Docket No. FAA-2014-0474.

4 The User Manual for the DJI Spreading Wi ngs S900 is enclosed as Attachment 2.4 1. The sUAS will weigh less than 55 lbs including energy sources and equipment.
2. The sUAS will be flown no faster than 87 knots, or 100 miles per hour. Most operations will be flown at much lower speeds.
3. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (“AGL”).
4. Flights will be operated within line of si ght of the Pilot in Command (PIC) at all
times.
5. All operations will utilize a visual obser ver (VO). The VO and PIC will be in
communications at all times.

6. The relevant Manufacturer Instructions w ill be maintained and made available to the FAA upon request.

7. Prior to each flight, the PIC will inspect the sUAS to ensu re it is in a condition for safe flight.
8. The Applicant will follow the manufact urer’s sUAS aircraft and component maintenance, overhaul, replacement, in spection, and life limit requirements.
9. The PIC will possess at least a sport pilot certificate and a U.S. Driver’s License.
10. The sUAS will not be operated directly over any person below an altitude that would endanger persons or property on the su rface in the event of an sUAS failure

or emergency. 11. The Applicant will utilize the documente d emergency procedures appropriate to the sUAS platform in the event of engine or power failure, fire, loss of control link, loss of GPS, loss of telemetry data link, or loss of video downlink. These procedures shall be those set forth in the Manufacturer Instructions.
12. The Applicant will obtain an Air Traffic Organization (ATO) issu ed Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will be eith er a Blanket COA issued by the FAA or a COA the Applicant applies for sepa rately. The Applicant will follow all procedures required in the COA rega rding requesting a Notice to Airmen (“NOTAM”) prior to flight.
13. If required, the word “Experimental” will be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f). The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, observer and others working with the sUAS will see the identification of the sUAS as “Experimen tal.” The FAA has issued exemptions to this regulation in Exemptions N o. 10700, 8738, 10167 and 10167A. The FAA has also waived the marking requirement en tirely in other Section 333 Exemption applications. Examples include Exemptions No. 11109 and 11110.
14. The Applicant will document and maintain a record of the sUAS maintenance in the sUAS airframe logbook if required by the FAA.5 15. Each sUAS operated under this exemption will comply with all manufacturer Safety Bulletins.
16. At least 3 days before flight operations , the Applicant will submit a written Plan of Activities to the local FSDO with jurisdiction over the area to be flown. The Plan of Activities will include at least the following:

a. Dates and times for all flights.
b. Name and phone number of the PIC for the sUAS flight conducted under the grant of this exemption.

c. Make, model, and serial or N- number of sUAS to be used.
d. Name and certificate numb er of sUAS PIC.

e. A statement that the operator ha s obtained permission from property owners, as necessary, to conduct th e flight over such property.
f. Signature of exemption hol der or representative.

g. A description of the flight activity, in cluding maps or diagrams of the area where the flight will be conducted, as appropriate.
17. The documents required under 14 C.F. R. sections 91.9 and 91.203 will be available to the PIC at the ground control st ation of the sUAS any time the aircraft is operating.
18. The sUAS will remain clear and yield the right of way to manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activitie s, hang gliders, etc.).
19. sUAS operation will be conduc ted during daylight hours.
20. The sUAS will be operated by the PIC from a stationary position, i.e., not from any moving device or vehicle.
21. The sUAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibili ty is less than 3 statute miles from the
PIC.
22. The sUAS will not operate in Class B, C, or D airspace wit hout written approval from the FAA. The sUAS will not operate within 5 nautical miles of the geographic center of a non-towered ai rport as denoted on a current FAApublished aeronautical chart unless a Le tter 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.
23. Any 1) incident, 2) accident , or 3) flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integra tion Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB We b site. Further flight operations will6 not be conducted until the incident, accide nt, or transgression is reviewed by
AFS-80 and authorization to re sume operations is provided.

Regulations From Which the Applicant Requests Exemption

The Applicant requests exemption from the following regulations:

14 C.F.R. Part 21, Subpart H 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113(a), (b) 14 C.F.R. § 61.3(d)(2)(iii) 14 C.F.R. § 91.7(a) (b) 14 C.F.R. § 91.9(b)(2) 14 C.F.R. § 91.103 14 C.F.R. § 91.109 14 C.F.R. § 91.119(b), (c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.203(a), (b) 14 C.F.R. § 91.405(a), (b) 14 C.F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(1)-(2) 14 C.F.R. § 91.417(a), (b)

The sUAS platform the Applicant seeks appr oval to use through th is exemption request weighs 55 pounds or fewer, including payload. Th e sUAS operates, under normal conditions, at a speed of no more than 87 knots. The sUAS is a ro torcraft platforms that has the capability to
hover and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in visual line of sight and will operate only within Operations Areas that comply with COAs issued by the FAA. These operations will ensure that the sUAS will “not create a hazard to users of the national airspace system or the public,” as contemplated by S ection 333(b) of FMRA.

Given the small size of the sUAS platforms i nvolved and the limited environments within which they will operate, the applicant falls squarely within the equivalent level of safety in which Congress envisioned that the FAA must, by exemp tion, allow commercial operations of sUAS to commence. Approval of this applic ation presents no nati onal security issue due to the size of the sUAS platforms and the defined areas in which the relevant sUAS will operate. It is in the public interest to grant this exemption under the cl ear direction in Section 333 of the FMRA; the authority contained in th e Federal Aviation Act, as amended; th e strong equivalent level of safety7 surrounding the proposed operations; and the signif icant public benefit in conducting innovative aerial logistics processes without the use of manned aircraft. Accordingly, the applicant respectfully requests that the FAA grant the requested exemp tion without delay.

Narrative Regarding Requested Exemptions

14 C.F.R. Part 21, Subpart H: Airworthin ess Certificates 14 C.F.R. § 91.203(a)(1)

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from Part 21, Subpart H.

To the extent that the FAA finds that Part 21 is applicable to the Applicant’s proposed operations, the Applicant requests an exemption from it. Subpart H, entitled Airworthiness Certificates, establishes the procedural requiremen ts for the issuance of ai rworthiness certificates as required by 14 C.F.R. § 91.203(a )(1). Given the size and limite d operating area associated with the sUAS platforms to be utilized by the Applicant, an ex emption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C .§ 44701(f)) and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement for an airwor thiness certificate upon consideration of the size, weight, speed, operati onal capability, and proximity to airports and populated areas of the particular sUAS. In all cases , an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certif icate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrict ions and conditions proposed.

The sUAS platforms to be operated under th is exemption all weigh less than 55 pounds, fully loaded. The platforms carry no pilots or passengers, no explosive materials or flammable liquid fuels, and will operate exclusively within th e Operations Areas defined in this application. Operations under this exemption will be tightly cont rolled and monitored by the operator. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owne rs than conventional ope rations conducted with
airworthiness certific ates issued under 14 C.F.R. Part 21, S ubpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS platforms due to their size, speed of operation, lo cation of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23(b). Marking of the Aircraft8 The FAA has previously determined that an exemption from § 45.23(b) is not required for sUAS platforms that do not ne ed to be certified under Part 21. See

, e.g. , Exemption No. 11110. The Applicant therefore be lieves that no exemption is necessary from 14 C.F.R. § 45.23(b). To the extent that th e FAA finds that § 45.23(b) is a pplicable to the Applicant’s intended operations, the Applicant request s an exemption therefrom as follows.

The regulation requires:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also disp lay on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less
than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experi mental,” or “provisional,” as applicable.

Even though the sUAS platforms will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS platforms, two-inch lettering may be impossible. The word “Expe rimental” will be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by 14 C.F.R. § 45.29(f) where the pilot, obser ver and others working with the sUAS will see the identification of the sUAS as “Experimental.” The FAA has issued the following exemptions to this regulation in Exemptions No. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Pr ivileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operati ons by requiring the PIC operating th e aircraft to have a sport or private pilot’s certificate rather than a commercial pilo t’s certificate to operate this sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The Operations Areas will be controlled and all flights will be planned
and coordinated in advance. The level of safe ty provided by the requirements included in the Manufacturer Instructions exceeds that provid ed by a single individual holding a commercial pilot’s certificate operating a conventional aircraft . The risks associated with the operation of9 sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allo wing operations of sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. § 61.113 (a) & (b). The FAA has approved sUAS operations w ith a private pilot’s certificate in other exemptions. See

, e.g. , Exemption No. 11110.

14 C.F.R. § 61.3(d)(2)(iii): Requirement for Ce rtificates, Ratings, a nd Authorizations

The Applicant may, from time to time, have need to provide instruction to its employees, agents, or related parties on how to properly fl y its sUAS platforms for commercial operations.
Such instruction would be incident to the Proposed Operations outli ned in this appl ication. Flight instruction would not be a primary commercia l endeavor undertaken by the Applicant.

Section 61.3(d)(2)(iii) requires that “no other person other th an the holder of a flight
instructor certificat e issued under this part w ith the appropriate rating on that certificate may . . . [e]ndorse a pilot logbook to show training given.” The Applicant requests exemption from this regulation as the PIC performing instruction to the Applicant’s employees, agents, or related parties under this exemption may not hold an F AA-issued flight instructor certificate. An equivalent level of safety will be achieved by the Applicant’s adherence to the procedures set
forth in the Manufacturer Instructions.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy
condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. An equivalent level of safety will be provided by the sma ll size of the aircraft and the requirements
contained in the Manufacturer Instructions for main tenance and use of safety check lists prior to each flight. The Applicant will ensure that the s UAS is in an airworthy condition prior to each flight based on compliance with the specifica tions in the Manufact urer Instructions.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides:

No person may operate a U.S.-re gistered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the10 aircraft a current approved airpla ne or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any
combination thereof.

The sUAS platforms, given their size and conf iguration, have no ability or place to carry a flight manual. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying th e sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemptions No. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, a nd 10700. The FAA has previously determined that an exemption from this regulation is not necessary, as relevant materials may be kept in a location accessible to th e PIC and not on the sUAS itself. See Exemption No. 11110.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved fli ght manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided through the PIC following the procedures set forth in the Manufactu rer Instructions. The PIC will take all actions including reviewing weather, f light battery requirements, landing and takeoff distances andaircraft performance data before initiation of flight. The PIC will account for all relevant sitespecific conditions in the preflight procedures . The FAA has granted exemption from this regulation to other sUAS operators. See Exemption No. 11109.

14 C.F.R. § 91.109: F light instruction

The Applicant may, from time to time, have need to provide instruction to its employees, agents, or related parties on how to properly fl y its sUAS platforms for commercial operations.
Such instruction would be incident to the Proposed Operations outli ned in this appl ication. Flight instruction would not be a primary commercia l endeavor undertaken by the Applicant.

Section 91.109 provides that no person may operate a civil airc raft (except a manned free balloon) that is being used for flight instruct ion unless that aircraft has fully functioning dual controls. By their design, sUAS and remotely p iloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with
the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight inst ruction in experimental aircraft. See Exemptions No. 5778K and 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be car ried in the aircraft and by the size and speed of the aircraft.11 When the PIC is performing trai ning on sUAS platforms that u tilize a computer, tablet, or other non-radio transmitter as their primary source of control, the PIC will provide an equivalent level of safety through the use of a radio transmitter that can override autonomous control via a
switch located on the radio transmitter. When this switch is activated, control is transferred from the autopilot to the transmitter, immediately taki ng the autopilot offline. The sUAS will then be operated in the same manner as a basic radio controlled aircraft. The PIC will maintain visual line of sight at all times in order to determin e whether such intervention becomes necessary.

14 C.F.R. § 91.119: Mini mum safe altitudes

Section 91.119 establishes safe altitudes for ope ration of civil aircra ft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescrib ed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for sUAS that are si milar to helicopters, and the exemption requests authority to operate at altit udes up to 400 AGL, an exemption may be needed to allow such operations. The sUAS platforms will not be operated at higher than 400 AGL.

The equivalent level of safety will be achieve d given the size, weight, speed of the sUAS platforms as well as the locations where they are operated. The low-altitude operations of the sUAS platforms will ensure separation between these sUAS operations and the operations of
conventional aircraft that mu st comply with Section 91.119.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by
reference to an altimeter that is set “...to the el evation of the departure ai rport or an appropriate altimeter setting available before departure.” As the sUAS platforms may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursu ant to the Manufacturer Instructions, confirming
the altitude of the launch site shown on th e GPS altitude indicat or before flight.

14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and for ecast weather conditions) there is enough fuel to fly to the first point of in tended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at leas t 30 minutes; or (2) At night, to fly after that for at least 45
minutes.”12 Given the limitations on the proposed Operations Areas, a longer time frame for VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compli ance with 14 C.F.R. § 91.151(a)).

Operating the sUAS platforms in controlled Operations Areas does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS platforms. Similar exemptions have been gran ted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) and (b): Carrying Civ il Aircraft Certification and Registration

The FAA has previously determined that no airworthiness certification is necessary for sUAS platforms. See

, e.g. , Exemption No. 11110. The Applicant therefore believes that no exemption is necessary from § 91.203. However, to the extent that the F AA finds that section 91.203 is applicable to the Applicant’s opera tions, the Applicant requests an exemption
therefrom.

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a
civil aircraft unless it ha s within it the following:

(1) An appropriate and current ai rworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorizat ion issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or

crew.

The sUAS platforms weigh no more than 55 pounds fully loaded, and are operated without an onboard pilot. As such, there is no ability or place to ca rry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achie ved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A13 representative sample of these exemptions include Exemptions No. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Main tenance Inspections

These regulations require that an aircraft ope rator or owner “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...,” and others shal l inspect or maintain the aircra ft in compliance with Part 43.

Given that these section and Part 43 apply only to aircra ft with an airworthiness certificate, these sections will not apply to the Applicant. Maintenance will be accomplished by the operator pursuant to the Manufacturer Instructions. An equivalent level of safety will be achieved because these sUAS are very limited in size, will carry a sm all payload, and will operate only in defined Operations Areas for limited periods of time. If mechanical issues arise the sUAS platforms can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manufacturer Instructions, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and will keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and
best suited to maintain the aircraft in an airwor thy condition to provide the equivalent level of safety.

Federal Register Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 61.113(a), (b); 14 C.F.R. § 61.3(d)(2)(i ii); 14 C.F.R. § 91.7(a), (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119(b), (c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a)(1); 14 C.F.R. § 91.203(a), (b); 14 C.F.R. § 91.405(a), (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and 14 C.F.R. § 91.417(a), (b), to operate a small unmanned aircraft system weighing less than fift y-five pounds for commercial

purposes.14 Approval of exemptions allowing commer cial operations of sUAS platforms for commercial purposes will enhance safety by providi ng services to customers without the danger
and costs associated with manned aircraft. The operation of sUAS, weighing less than 55 pounds, conducted in accord with the conditions outlined above, will provide an equivalent level of safety supporting the grant of the exempti ons requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft opera te at relatively slow speeds, cl ose to the ground, and in controlled settings. As a result, sUAS are far safer th an conventional operations conducted with manned
aircraft.

Privacy Considerations

All flights will be conducted in Operations Areas that present no privacy issues of

consequence.

Conclusion

The Applicant requests that the FAA gr ant the exemption requested herein. The Applicant looks forward to researching innovativ e commercial applications for sUAS technology that will move the industry forward.

Respectfully Submitted,

/s/ Robert M. Darroll
Robert M. Darroll
Chairman and Chief Executive Officer Cheetah Software Systems, Inc.

/s/ Richard E. Doran, Steven M. Hogan Richard E. Doran and Steven M. Hogan Ausley McMullen Attorneys for Cheetah Software Systems,

Inc.