AUSLEY MCMULLEN 

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 Specified 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 Modernization and Reform Act of 2012 (“FMRA”). 

 Cheetah Software Systems, Inc. (the “Applicant”) is a leader in the logistics technology 

industry. The Applicant’s customers have successfully optimized and delivered over two billion 

dynamic time-based and consumer pickup and delivery applications on time. The Applicant is a 

recognized leader in applying logistics technology to traditional 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 submits 
2 

this application for FAA approval to continue this research with commercial customers. The 

Applicant also proposes to use sUAS systems in other commercial operations that complement 

its existing logistics business. 

 The Applicant proposes to use sUAS for the following commercial applications: 

1. A logistics project the Applicant 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 professionals 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 Operations”). 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 will take place closer to an airport, heliport, 

or seaport than otherwise allowed by the Blanket COA, the Applicant will obtain a Letter of 

Agreement with the management of the affected airport, heliport, or seaport prior to the Proposed 

 

1

 The Pilot Project is described in a confidential filing submitted contemporaneously with this 

exemption application (the “Pilot Project Description”). The Pilot Project Description is 

submitted as a Confidential Document under 14 C.F.R. § 11.35(b). The entire Pilot Project 

Description contains proprietary information that the Applicant has not and will not share with 

others. The Pilot Project Description contains operating conditions and procedures that are not 

available to the public and are 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 made 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 Applicant 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 place in Operations Areas that comply with 

the terms of (a) any Blanket COA or other approval granted by the FAA; (b) a Letter of 

Agreement with the management of an airport, heliport, or seaport nearby the Operations Areas, 

as necessary; or (c) the Operations Areas specified in a separate COA application filed by the 

Applicant. 

The Applicant proposes to use the DJI Spreading 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-off. Manufacturer-provided manuals are enclosed 

with this application (the “Manufacturer Instructions”). The Manufacturer Instructions will be 

used to ensure that the sUAS platforms flown by the Applicant are operated safely. 

 The Applicant will apply to register the 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 Office 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 under an FAA issued exemption. 

 

3

 The FAA has previously granted leave for commercial sUAS operations 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 Wings 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 sight of the Pilot in Command (PIC) at all 

times. 

5. All operations will utilize a visual observer (VO). The VO and PIC will be in 

communications at all times. 

6. The relevant Manufacturer Instructions will be maintained and made available to 

the FAA upon request. 

7. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for 

safe flight. 

8. The Applicant will follow the manufacturer’s sUAS aircraft and component 

maintenance, overhaul, replacement, inspection, 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 surface in the event of an sUAS failure 

or emergency. 

11. The Applicant will utilize the documented 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) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will be either a Blanket COA issued by the FAA or 

a COA the Applicant applies for separately. The Applicant will follow all 

procedures required in the COA regarding 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 “Experimental.” The FAA has issued exemptions to 

this regulation in Exemptions No. 10700, 8738, 10167 and 10167A. The FAA has 

also waived the marking requirement entirely 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 number of sUAS PIC. 

e. A statement that the operator has obtained permission from property 

owners, as necessary, to conduct the flight over such property. 

f. Signature of exemption holder or representative. 

g. A description of the flight activity, including 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 station 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 activities, hang gliders, etc.). 

19. sUAS operation will be conducted 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 visibility is less than 3 statute miles from the 

PIC. 

22. The sUAS will not operate in Class B, C, or D airspace without written approval 

from the FAA. The sUAS will not operate within 5 nautical miles of the 

geographic center of a non-towered airport as denoted on a current FAApublished aeronautical chart unless a Letter of Agreement with that airport’s 

management is obtained and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. 

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 Integration Office (AFS-80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site. Further flight operations will 
6 

not be conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume 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 approval to use through this exemption request 

weighs 55 pounds or fewer, including payload. The sUAS operates, under normal conditions, at a 

speed of no more than 87 knots. The sUAS is a rotorcraft 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 Section 333(b) of FMRA. 

Given the small size of the sUAS platforms involved 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 exemption, allow commercial operations of sUAS to 

commence. Approval of this application presents no national 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 clear direction in Section 333 of the FMRA; the 

authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety 
7 

surrounding the proposed operations; and the significant 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 exemption without delay. 

Narrative Regarding Requested Exemptions 

14 C.F.R. Part 21, Subpart H: Airworthiness 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 requirements for the issuance of airworthiness certificates 

as required by 14 C.F.R. § 91.203(a)(1). Given the size and limited operating area associated 

with the sUAS platforms to be utilized by the Applicant, an exemption 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 airworthiness certificate upon 

consideration of the size, weight, speed, operational 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 certificate, 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 restrictions and conditions proposed. 

The sUAS platforms to be operated under this 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 the Operations Areas defined in this application. 

Operations under this exemption will be tightly controlled 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 owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart 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, location 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 Aircraft 
8 

The FAA has previously determined that an exemption from § 45.23(b) is not required 

for sUAS platforms that do not need to be certified under Part 21. See, e.g., Exemption No. 

11110. The Applicant therefore believes that no exemption is necessary from 14 C.F.R. 

§ 45.23(b). To the extent that the FAA finds that § 45.23(b) is applicable to the Applicant’s 

intended operations, the Applicant requests 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 display 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,” “experimental,” 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 “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 “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 Privileges 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 operations by requiring the PIC operating the aircraft to have a sport or 

private pilot’s certificate rather than a commercial pilot’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 safety provided by the requirements included in the 

Manufacturer Instructions exceeds that provided by a single individual holding a commercial 

pilot’s certificate operating a conventional aircraft. The risks associated with the operation of 
9 

sUAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing 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 with 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 Certificates, Ratings, and Authorizations 

 The Applicant may, from time to time, have need to provide instruction to its employees, 

agents, or related parties on how to properly fly its sUAS platforms for commercial operations. 

Such instruction would be incident to the Proposed Operations outlined in this application. Flight 

instruction would not be a primary commercial endeavor undertaken by the Applicant. 

 Section 61.3(d)(2)(iii) requires that “no other person other than the holder of a flight 

instructor certificate issued under this part with 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 FAA-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 certificate 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 small size of the aircraft and the requirements 

contained in the Manufacturer Instructions for maintenance and use of safety check lists prior to 

each flight. The Applicant will ensure that the sUAS is in an airworthy condition prior to each 

flight based on compliance with the specifications in the Manufacturer 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.-registered 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 the 
10 

aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any 

combination thereof. 

 

The sUAS platforms, given their size and configuration, 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 the 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, and 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 the 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 flight 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 Manufacturer Instructions. The PIC will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft 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: Flight instruction 

 The Applicant may, from time to time, have need to provide instruction to its employees, 

agents, or related parties on how to properly fly its sUAS platforms for commercial operations. 

Such instruction would be incident to the Proposed Operations outlined in this application. Flight 

instruction would not be a primary commercial endeavor undertaken by the Applicant. 

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. By their design, sUAS and remotely piloted 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 instruction 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 carried in the aircraft and by the 

size and speed of the aircraft. 
11 

When the PIC is performing training on sUAS platforms that utilize 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 taking 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 determine whether such intervention becomes necessary. 

14 C.F.R. § 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) 

allows helicopters to be operated at less than the minimums prescribed, 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 similar to helicopters, and the exemption requests 

authority to operate at altitudes 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 achieved 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 must 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 elevation of the departure airport 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, pursuant to the Manufacturer Instructions, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements 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 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; 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 compliance 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 granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 

14 C.F.R. § 91.203 (a) and (b): Carrying Civil 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 FAA finds that section 

91.203 is applicable to the Applicant’s operations, 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 has within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section 

or a special flight authorization 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 carry certification and 

registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved 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. A 
13 

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): Maintenance Inspections 

These regulations require that an aircraft operator 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 shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft 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 small 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 airworthy 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 determined 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)(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), to operate a small unmanned aircraft 

system weighing less than fifty-five pounds for commercial 

purposes. 
14 

Approval of exemptions allowing commercial operations of sUAS platforms for 

commercial purposes will enhance safety by providing 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 exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at relatively slow speeds, close to the ground, and in controlled 

settings. As a result, sUAS are far safer than 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 grant the exemption requested herein. The 

Applicant looks forward to researching innovative 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.