April 8, 2015

Exemption No. 11292 Regulatory Docket No. FAA

− 20 14

− 0965

Mr. Mark G. Fischer President and CEO Cherokee UAS

, LLC 168 Lewis Trail Arabela, NM 88351

Dear Mr. Fischer :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 15, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of Cherokee UAS, LLC ( hereinafter petitioner or operator ) for an exemption

. The exemption would all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct aerial survey s and inspection s

. See Appendix A for the petition submitted to the FAA des cribi ng the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a prece dent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is the Altavian Nova F6500 Block III

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, and a ny associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I fi nd that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Cherokee UAS, LLC is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)( 1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Cherokee UAS, LLC is hereafter referred to as the operator.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Altavian Nova F6500 Block III when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated ai rspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than

correc tive lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must b e designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct it s operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administra tor upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

documents to the Administrator or an y law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

8. An y 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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspe ction must account for all potential discrepancies, e.g. inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a
current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61 .56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under t his exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Fligh ts for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permi tted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered n onparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption h older. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or w hen visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemptio n holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accord ance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documen ts required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartic ipating persons, vessels, vehicles, and structures unless:

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 in a manner ensuring the safety of nonparticipating persons ; and b. The owner/c ontroller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the ope rational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mo tion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standard s District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to th e inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential t o accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on April 30, 2017 , unless sooner superseded or rescin ded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards ServiceUNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**CHEROKEE UAS, LLC. FOR AN EXEMPTION SEEKING RELIEF FROM THE**  **REQUIREMENTS OF**

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 91.9(b), 91.203(a), 91.203(b), 45.23(b) AND 21.185**  **CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM OVER**  **REMOTE, RURAL, AND UNPOPULATED REGIONS OF THE STATE OF**  **NEW MEXICO AND PARTICULA**  **RLY OVER CERTAIN RURAL AREAS OF**  **SOUTHEASTERN NEW MEXICO TO INCLUDE THE BUREAU OF LAND MANAGEMENT PECOS DISTRICT AND A SMALL PORTION OF WEST CENTRAL** 

**TEXAS KNOWN AS THE WESTERN PERMIAN BASIN PURSUANT TO SECTION 333 OF THE**  **FAA MODERNIZATION AND REFORM ACT OF 2012** 

Submitted on Nov 1 5
, 20 14 Mark G. Fischer President, CEO CHEROKEE UAS, LL C 168 Lewis Trail Arabela, NM 88351
gw yr anch@hotmail.com 575

- 740

- 72211

CHEROKEE UAS
, LLC
**CHEROKEE UAS, LLC Petition which seeks exemption from the requirements of 14**  **C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185. This exemption will permit CHEROKEE UAS, LLC to operate an Unmanned Aircraft System (“UAS**  **”) over**  **remote, rural, and unpopulated regions of the state of New Mexico and particul arly**  **over certain rural areas of southeastern New Mexico to include the Bureau of Land Management Pecos District and a small portion of west central Texas known as the**  **western Permian Basin**

**.** [Document subtitle]

Mark G. Fischer Nov 1 5 , 20142 **TABLE OF CONTENTS** 

Page GLOSSARY OF ABBREVIATIONS ...............................................................

...................... . ....3 SUMMARY ..........................................................................

........ ........ ................................ ... . ...4 IN TRODUCTION AND INTERESTS OF PETITIONER

............................................ ...... . ... .. . 4 BACKGROUND ..........................................................................................

...... ..................... . ... . 5 BASI S FOR PETITION ..................................................................................

... . ..................... . ...6 NAME AND ADDRESS OF PETITIONER .................................................

..... ...................... . ..7 THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH CHEROKEE UAS, LLC. SEEKS EXEMPTION........................................................................................................

....... ............... . .7 THE EXTENT OF RELIEF CHEROKEE UAS, LLC SEEKS AND THE REASON CHEROKEE UAS, LL C SEEKS THE R ELIEF......................

................................................... .. 8 THE REASONS WHY GRANTING CHEROKEE UAS, LLC'S REQUEST WOUL D BE IN THE PUBLIC INTEREST ...............................................................................

.. ..................... . . ... 10 THE REASONS WHY GRANTING THE EXEMP TI ON WOULD NOT ADVERSEL Y AFFECT SA FETY..............................................................................................................

. .... . .. .. 1 2 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER..........

. . ............ . .. 32 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CHEROKEE UAS, LLC'S REQUEST..........................................

.. ......................... .. 32 CONCL USION ...................................

........ ........... ..................................................................... . .333 **GLOSSARY OF ABBREVIATIONS** AGL Above Ground Level ATC Air Traffic Control COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation NAS National Airspace Sy stem Section 333 FAA Modernization and Reform Act of 2012, Section 333 SMS Safety

Management Sy stem UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VMC Visual Meteorological Conditions4 **SUMMARY**

CHEROKEE UAS, LL C seeks exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185. This exemption will permit CHEROKEE UAS, LL C to operate an Unmanned Aircr aft Sy stem (“UAS”) over remote, rural, and unpopulated areas of the State of New Mexico, and particularly over certain rural areas of southeastern New Mexico to include the Bureau of Land Management Pecos District and a small portion of west central Texas known as the western Permian Basin, while keeping the documents required b y the regulations at the ground control station and immediately accessible to the Pilot I n Command (PI C). Furthermore, the exemption will relieve CHEROKEE UAS, LL C from the airworthi ness certificate standards and the requirement to have a certificate of airworthiness issued for its UAS. This exemption will also permit any required markings concerning the operational status of the UAS to be display ed on the fuselage of the unmanned air craft.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**

CHEROKEE UAS
, LLC (hereinafter referred to as “ CHEROKEE UAS ” or “PETITIONER” ) is a New Mexico

- based

, Native American / woman owned small business. CHEROKEE UAS offers a range of tailored sUAS solutions for special aerial derived survey and inspection data for public and p rivate customers. CHEROKEE UAS C hief Executive Officer has a history of provid ing sophisticated and challenging support for U.S. Sp ecial Operations Forces; other U. S. Military units; other Government agencies and Federal, State and local Law E nforcement agencies, inc luding Special Weapons and Tactics units

. CHEROKEE UAS supporting personnel embody years of experience gained from C ivilian A ir and M ilitary Operations Communities.

CHEROKEE UAS Chief Executive Officer ( CEO ) has also performed duties as the agent for access to the City

of Roswell Unmanned Aerial Sy stem (UAS) Coalition Area of Operations. With access to a state approved 3.5 million acre fo otprint UAS Area of Operations and the experience to support UAS operations, CHEROKEE UAS is also well positioned to develop and expand UAS commercial operations in New Mexico

. CHEROKEE UAS has experience in submitting multiple Certificates of Authorization (COA ), Special Airworthiness Certificate

- Experimental Category

(SAC

- EC) , and 333 Exemption Petition applications

. By teaming with coalition partners such as ENMU

- ROSWELL, Bureau of Land Management (BLM) and others, CHEROKEE UAS has the support of Southeastern New Mexico communities, its leaders and businesses. A variet y of public and private interests have requested from CHEROKEE UAS, UAS derived survey data over very sparsel y populated to unpopulated

, rural New Mexico and western Permian Basin

. Th ey inc lude public agencies, such as Federal (BLM and USDA/UPHIS) and State agencies , requesting compliance inspection services, wildlife management support, wildfire fighting support, SAR and specific and occasional law enforcement support services. Private pipeline and power transmission companies and petroleum/gas producers are also asking for data in order to improve their maintenance
programs, environmental compliance , and installation security

.5

In general, all UAS Ops would be in class G airspac e, 400 ft. AGL or lower, unless otherwise specificall y permitted by an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA), VFR, Day light only . CHEROKEE UAS will be piloted by a FAA Licensed Pilot in Command ( PI C ) with a qual ified observer to perform sense and avoid functions during UAS flight operations.

.

CHEROKEE UAS has recently acquired an Altavian Nova Block III Unmanned Aircraft S ys tem (hereinafter referred to as the “Nova Block III UAS”). As set forth in this Petit ion, CHEROKEE UAS seeks to operate its Nova Block III UAS for the special purpose of providing specific and limited UAS derived survey and inspection data in support of public and private interests. CHEROKEE UAS has established a commitment to and record o f safe, ethical, and legal practices which are organic to its UAS program

.

**BACKGROUND**

Unmanned Aircraft Sy stem: Altavian Nova Block III UAS. CHEROKEE UAS seeks an exemption to operate an Altavian Nova Block III UAS, Serial No. TBD, registration number TBD, for compensation or hire within the national airspace s ys tem (“NAS”). The Nova Block III UAS is comprised of an unmanned aircraft and a transportable ground station. The Nova Block III UAS has a maximum gross weight of approximately fifteen (15) pounds, while having a wingspan of 108 inches and a length of 65 inches. The Nova Block III unmanned aircraft is equipped with a single propeller driven b y a L ithium Poly mer battery powered electric motor.

**Figure 1: The Nova Block III UAS without registration number displayed in accordance with 14 C.F.R. Part 45.**  CHEROKEE UAS has reserved a registration number, and will submit an Aircraft Registration Application upon the grant of the exemptions sought by t his Petition.6 **Proven Operational History of the Nova Block III UAS in the NAS**

The Nova Block III UAS is currentl y operating safely within the NAS pursuant to approximately fourteen (14) Certificates of Authorization (“COA”) granted by the Federal Aviation Administration (“FAA”) to the Middle Tennessee State University ; S inc lair Community College in Day ton, Ohio ; the U.S. Army Corps of Engineers (Jacksonville District, for operations in South Florida); Mississippi State University for the Pearl Rive r Basin; and the University of Florida. The U.S. Arm y Corps of Engineers will be operating the Nova Block III UAS pursuant to an additional five COAs in the foreseeable future, pending approval b y the FAA.

**BASIS FOR PETITION**

CHEROKEE UAS, LL C, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator for an exemption from the requi rements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b), as well as the restricted category

airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as contemplated b y 1 4 C.F.R. Part 21.

In the alternative, and in accordance with Federal Aviation Regulation (“FAR”) Section 21.16, entitled Special Conditions (14 C.F.R. § 21.16), CHEROKEE UAS respectfully requests that the Administrator prescribe special conditions for th e intended operation of the Altavian Nova Block III UAS that contain such safet y standards as the Administrator finds necessary to establish a level of safety

equivalent to that established by the restricted category airworthiness certification standards s pecified in 14 C.F.R. § 21.185.

In accordance with 14 C.F.R. § 11.81, CHEROKEE UAS provides the following information in support of its petition for exemption:

**A. Name and Address of the Petitioner.** CHEROKEE UAS, LL C 168 L ewis Trail Arabela, New Mex ico 88351

The point of contact for this Petition and specific contact information is as follows: Mark G. Fischer CHEROKEE UAS LL C 168 L ewis Trail Arabela, New Mexico 88351 M: 575

- 740

- 7221 email: gwy

ranch@hotmail.com7

**B. The Specific Sections of 14 C.F.R. From Which CHEROKEE UAS Seeks Exemption.**

**1. CHEROKEE UAS Seeks Exemption From The Requirement Of Section 91.9(b).** CHEROKEE UAS seeks an exemption from **14 C.F.R. § 91.9(b).** Section 91.9 entitled Civil aircraft flight manual, marking, and placard requirements , subsection (b) states the following: (b) No person may

o perate a U.S.

- registered civil aircraft

-- (1) For which an Airplane or Rotorcraft Flight Manual is required by § 2 1.5 of this chapter unles s there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 2 1.5 of this chapter, unless there is a vailable in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or an y combination thereof.

**2. CHEROKEE UAS Seeks Exemption From The Requirements Of Sections 91.203(a) and 91.203(b).**  CHE ROKEE UAS seeks an exemption from **14 C.F.R. § 91.203(a) and (b).** Section 91.203 entitled Civil aircraft: Certifications required , subsections (a) and (b) state the following: (a) Except as provided in § 91.715, no person may operate a civil aircraft unles s it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply

with this subparagraph (except a special flight permit, a cop y of the applicable operations specifications issue d under § 21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under § 21.197(c), or an authorization under § 91.611) must ha ve on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 day s after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number that has been affixed to an aircraft may onl y be obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certifica te issued to its owner or, for operation within the United States, the second copy o f the Aircraft registration Application as provided for in § 47.31(c), or a registration certification issued under the laws of a foreign country

. (b) No person may

operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under § 91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew.

**3. CHEROKE E UAS Seeks Exemption From The Requirements Of Section 45.23(b).**  CHEROKEE UAS seeks an exemption from **14 C.F.R. § 45.23(b)** . Section 45.23 entitled Display of marks; general , subsection (b), states the following: (b) When marks include only the Roman capital letter "N" and the registration number is display ed 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, coc kpit, 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.8

**4. CHEROKEE UAS Requests Relief to Exempt the Nova Block III UAS from the Restricted Category Airworthiness Certification Standards Specified In**  **14 C.F.R. §21.185.** In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 14 C.F.R

. § 21.16 entitled Special Conditions , CHEROKEE UAS seeks to exempt the Nova Block III UAS from the restricted category airworthiness certification specified in **14 C.F.R. § 21.185** , or the requirement to have a certificate of airworthiness issued, as contem plated by **14 C.F.R. Part 21**

. Section 21.185 entitled Issue of airworthiness certificates for restricted category aircraft , states the following, in part: (a) Aircraft manufactured under a production certificate or t ype certificate. An applicant for the

or iginal issue of a restricted category airworthiness certificate for an aircraft ty pe certificated in the restricted category , that was not previousl y t yp e certificated in an y other category , must comply with the appropriate provisions of § 21.183.

**C. The Extent of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE UAS**  **Seeks The Relief.**

**1. Extent Of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE UAS Seeks Relief From Section 91.9(b).**  Relief is requested because the Nova Block III UAS weighs approximately fifteen (15) pounds at its maximum gross weight and cannot carry the approved Airplane Flight Manual onboard. Furthermore, the Nova Block III UAS is unmanned, the aircrew member is loc ated at a ground control station. As such, CHEROKEE UAS proposes the following conditions and limitations to its request for exemption from Section 91.9(b): The approved Airplane Flight Manual must be kept at the ground control station, where it is immedi ately

available for reference b y the aircrew member (pilot in command) of the Nova Block III UAS an y time the unmanned aircraft is operating. The approved Airplane Flight Manual must be made available within 10 days to an y FAA, U.S. Department of Defense, or law enforcement official upon request.

**2. The Extent of Relief CHEROKEE UAS Seeks And The Reason CHEROKEE UAS Seeks Relief From Section 91.203(a) and (b).**  CHEROKEE UAS requests relief from the requirement of Section 91.203(a) ( i.e., that an appropri ate and current airworthiness certificate and an effective U.S. registration certificate be carried within the aircraft), and further, requests relief from the requirement of Section 91.203(b) ( i.e., that the airworthiness certificate be display ed at the c abin or cockpit entrance so that it is legible to passengers or crew). As the Nova Block III UAS is unmanned, it has no cabin, cockpit, pilot station, or entrances thereto. Therefore, the aircrew member is located at a ground control station and no passeng ers are carried at an y time. As such, CHEROKEE UAS proposes the following conditions and limitations to its request for exemption from Sections 91.203(a) and (b): The documents required by Sections 91.203(a) and (b) must be kept at the ground control stat ion, where it is immediately

available to the aircrew member (pilot in command) of the Nova Block III UAS an y time the unmanned aircraft is operating.9

The documents required by 91.203(a) and (b) must be made available within 10 day s to any FAA, U.S. Depar tment of Defense, or law enforcement official upon request.

**3. The Extent of Relief CHEROKEE UAS Seeks and the Reason CHEROKEE UAS Seeks Relief from 14 C.F.R. § 45.23(b).**  CHEROKEE UAS requests relief from the requirement of Section 45.23(b), if applicab le, that the word “Restricted” be display ed on the Nova Block III UAS near each entrance to the cabin, cockpit, or pilot station. As the Nova Block III UAS is unmanned, it has no cabin, cockpit, pilot station, or entrances thereto. Therefore, CHEROKEE UAS proposes that, if required, the word “Restricted” be display ed in letters two (2) inches high, horizontally on both sides of the fuselage between the leading edge of the wing and the nose section of the Nova Block III UAS.

**4. The Extent of Relief CHEROKEE UAS Seeks and the Reason CHEROKEE UAS Seeks**  **Relief from 14 C.F.R. § 21.185.** CHEROKEE UAS seeks relief from the airworthiness certificate requirements of the Federal Aviation Regulations and proposes to commercially operate the Nova Block III UAS, without an airworthiness certificate, for the special purpose of conducting aerial acquisition survey services

over certain sparsely

populated rural areas of the State of New Mexico and a small portion of west central Texas known as the western Permian Basin

, pursuant to specific operating limitations and a Safety

Management S ys tem (“SMS”). CHEROKEE UAS seeks relief from the airworthiness certificate requirements of 14 C.F.R.§ 21.185 to the extent that the Nova Block III UAS, which has not yet been t ype certifi cated by the FAA, may

be operated as if it were a restricted category

aircraft for a single, defined, special purpose operation ( i.e. , aerial survey ing and inspection).

Pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (“Section 333”), CHEROKEE UAS seeks relief from the airworthiness certificate requirements of the FAR because operation of the Nova Block III UAS will not create a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

. Section 33 3 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public or pose a threat to national security. Further, Section 333 provides the authority for such UAS to operate without airworthiness certificatio n. Specifically, Section 333 states the following, in part: (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 natio nal security; and (2 ) Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).10

As set forth below, numerous factors, including the proven safe operational history of the Nova Block III UAS in the NAS, as well as the specific parameters of CHEROKEE UAS’s intended operation pursuant to this exemption, demonstrate that the Nova Block III UAS has in the past, and will continue in the future, to operate safely in the NAS without creating a hazard to other aircraft or people on the ground. Accordingl y, the FAA may approve operation of the Nova Block III UAS, without an airworthiness certificate, by setting forth specific operating limitations to ensure a level of safet y equivalent to what would be provided by airworthiness certification.

**D. The**  **Reasons Why**  **Granting CHEROKEE**  **UAS’s Request**  **Would Be**  **In The**  **Public Interest; That Is, Ho**  **w It Would Benefit The Public As a Whole.** Granting the present Petition will further the public interest by a llowing CHEROKEE UAS to safel y, efficiently

, and economicall y perform aerial acquisition survey s and inspections over certain sparsel y populated rural areas of the State of New Mexico and a small portion of west central Texas also known as the BLM Pecos District and the western Permian Basin in support of government entities, agriculture, scientific studies, wildlife monitoring, and forestry

, while also furthering the development of the econom y related to the oil and gas industries. Additionally , use of the Nova Block III UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy

. Notabl y, the benefits of the proposed operation of the Nova Block III UAS will be realized without implicating an y privacy i ssues as CHEROKEE UAS flights will be restricted to sparsely p opulated rural areas in general and specificall y restricted to avoid the public.

**1. The Publ**  **ic Will Benefit From The Aerial Surveys**  **And Inspections**  **Performed.** CHEROKEE UAS submits this Petition to perform UAS derived aerial survey s and inspections

over certain sparsely

populated rural areas of the State of New Mexico and a small portion of
west c entral Texas also known as the BL M Pecos District and the western Permian Basin. These operations will be in support of government entities, agriculture, scientific studies, wildlife monitoring, forestry , and the oil, gas, and electrical power production a nd transmission industries. The Nova Block III UAS will provide safe, efficient, and economical aerial acquisition survey s and inspection operations to further each of these fields ; all of which are critical to the well

- being of the general public. The spe cific operations that CHEROKEE UAS will perform with the Nova Block III UAS demonstrate how the requested exemption will directly benefit the above

- referenced industries and the public. I n agriculture, the aerial acquisition performed b y the Nova Block III UAS will be used to predict crop y ields and prevent crop destruction due to invasive species, i.e. feral swine. In the oil and gas industry , the Nova Block III UAS will be used to aid in facility inspections, environmental compliance inspections /
survey i ng, planning new worksites, and performing right of way analy sis. The Nova Block III UAS will also further environ mental management by survey ing invasive species damage and encroachment, mapping wildfire damage and reclamation efforts, and survey ing point source pollution. UAS derived Pipeline, Power Line, and Power Station I nspections can reveal problematic conditions to repair agencies prior to potentially catastrophic failures occurring; thus benefiting the Public in multiple way s.11

**2. The Public Will Benefit From Decreased Congestion Of The NAS.**  The Nova Block III UAS is a battery powered UAS that serves as a safe, efficient, and

econom ical 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 Block III UAS would reduce the amount of manne d aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriv ing and departing aircraft will be reduced. The Nova Block III UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey missions would result in fewer aircraft that must be handled b y 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 Block III UAS.** Conducting UAS derived aerial survey s and inspections with the Nova Block III UAS, instead of manned aircraft, will greatly b enefit the public by

d rasticall y reducing the levels of air and noise pollution generated during traditional aerial survey f light operations. By

u sing battery

power and

an electric motor, the Nova Bl ock III UAS produces no air pollution, and is a viable environmentally

conscious alternative to the internal combustion engine aircraft that are ty picall y utilized for aerial surveys and inspections. The Nova Block III UAS, while reducing the carbon footpr int of aerial acquisitions, also eliminates noise pollution as its battery powered electric motor is barely

a udible during the take

- off phase, and cannot be heard when operating more than 100 feet above ground level. By u sing the Nova Block III UAS to perf orm UAS derived aerial surveys and inspections, the substantial risk to life and property in the air and on the ground, which is usually a ssociated with traditional manned aircraft flight operations, will be substantially r educed or completel y eliminated. Aside from the lack of aircrew members located onboard the aircraft, the Nova Block III UAS (weighing approximately f ifteen (15) pounds at its maximum gross weight with a wingspan of 108 inches and a length of 65 inches, with no fuel on board), has less ph ys ical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty

pically c onduct aerial survey s, i.e. Cessna 172 (weighing approximately 2,500 pounds with a wingspan of approximately 3 6 feet, a length of 27 feet, and a fuel capacit y of 56 gallons).

**4. Performing Aerial Survey and Inspection Operations With The Nova Block III UAS Will Benefit The Economy.**  In addition to being safe and efficient, the Nova Block III UAS is also an economical al ternative to using manned aircraft to conduct aerial survey s and inspections. As such, operation of the Nova Block III UAS will allow New Mexico based companies, like CHEROKEE UAS, to be competitive and contribute to growth of the U.S. economy , particularl y in the economically challenged southeastern New Mexico region. Specificall y, 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 n ew and alternative technology in order to remain competitive. Operating the battery powered Nova Block III UAS is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.12

By operating the Nova Block III UAS, companies such as CHEROKEE UAS can remain competitive and profitable, and therefore provide greater job stability to employ ees and contractors, which w ill ultimately contribute to growth of the U.S. econom y. I mproved financial performance through commercial use of the Nova Block III UAS, supports a stable workforce that inc reases consumer spending; improves local, state, and federal tax revenues; and al lows companies to invest in research and development in order to remain competitive both in the United States and abroad. Finally and most importantly , the commercial use of the Nova Block III UAS , will provide public and private entities access to more fr equent, higher resolution and more cost effective aerial survey /inspections thus promoting safer and more efficient operations.

**5. There Are No Privacy Issues.** Like manned aerial survey and inspection flight operations that have been conducted for decade s, the proposed operation of the Nova Block III UAS will not implicate any privacy issues. Specificall y, the Nova Block III UAS will be operated only in sparsel y populated rural areas, and in accordance with all Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly , the Nova Block III UAS will not be operated closer than 500 feet to an y person, vessel, vehicle, or structure, except when necessary for takeoff or landing.

**E. The Reasons Why Grant ing 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**  **CHEROKEE UAS Seeks Exemption.** 

**1. Reasons Why an Exemption from the Requirements of Section 91.9(b) Would Not Adversely Affect Safety.**  This exemption would maintain the level of safet y established by Section 91.9(b) because CHEROKEE UAS will keep the approved Airplane Flight Manual at the ground control station where the pilot in command fly ing the Nova Block III UAS will have immediate access to the document. Previous exemptions granted b y the FAA concerning Section 91.9(b) establish that safet y is not adversely affected when the appro ved Aircraft Flight Manual is kept at the ground control station of a UAS, where it can be immediately accessed by

the pilot in command. Section 91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft limi tations while in flight.” Exemption No. 8607. However, the FAA has also found that UAS will alway s be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper documents may present a s afet y hazard to the integrit y of the [UAS].” Id

. The FAA has previously

granted exemptions in circumstances similar, in all material respects, to those presented herein ( e.g. , Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564, 9565, 10167, 10602, 106 73, 10835, 10869, 10968).

**2. Reasons Why an Exemption from the Requirements of Section 91.203(a) and (b) Would Not Adversely Affect Safety.**  This exemption would maintain the level of safet y established by Sections 91.203(a) and (b) because CHEROKEE UAS will keep the required documents at the ground control station where the pilot in command fly ing the Nova Block III UAS will have immediate access.13

Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safet y is not adversely

affected when the Airworthiness Certificate and U.S. registration certificate are kept at the ground control station of the UAS, where it can be immediately accessed b y the pilot in command. Specificall y, the FAA has held that the intent of Secti ons 91.203(a) and (b) is better served b y having the required documents in the control of the UAS operator, i.e. PIC, the reasoning is as follows: The original intent of the subject regulation was to display the airworthiness and registration documents so they

would be easil y available to FAA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft.

In this case, the aircraft will alway s be operated without any passengers or crew. The missions for whi ch UASs are intended will prevent the aircraft from being available for the inspections normally

prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known departure and arrival point, under the constant control of a PI C and a dedicated, observer. Also, requiring these special

- use aircraft to carry superfluous paper documents may

present a safet y hazard to the integrit y of the [UAS]. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] flights adequatel y compensate for the requirements for carry ing airworthiness and registration documents. We find the intent of the regulation is better served b y having the required documents in the control of the PI C and availa ble for inspection under the special conditions prescribed in this exemption. The FAA has previously

granted exemptions in circumstances similar, in all material respects, to those presented herein ( e.g. , Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

**3. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 45.23(b) Would Not Adversely Affect Safety.**  This exemption would maintain the level of safet y established by Section 45.23(b) because if required , display ing the word “Restricted” with two (2) inch high letters, horizontally on both sides of the fuselage between the leading edge of the wing and the nose section of the Nova Block III UAS, will inform all parties of the unmanned aircraft’s overall op erating status. Significantl y, CHEROKEE UAS will display the word “Restricted” in two (2) inch high letters in compliance with size requirement of Section 45.23(b) ( i.e. , “letters not less than 2 inches nor more than 6 inches high”). By placing the letter s horizontally on both sides of the fuselage between the leading edge of the wing and the nose section of the Nova Block III UAS, will ensure that the word “Restricted” is the in most visible location, so that all parties will be informed of the unmanned a ircraft’s overall operating status. See Figure 1 , page 5

. The FAA has previously

granted exemptions in circumstances similar, in all material respects, to those presented herein ( e.g ., Exemption Nos. 8737, 10167, 10167A, 10700, 10810).

**4. Reasons Why An Exemption From The Requirements Of 14 C.F.R. § 21.185, including**  **The Requirement To Have A Certificate Of Airworthiness, Would Not Adversely Affect Safety.**  In seeking this exemption, CHEROKEE UAS submits that the Nova Block III UAS can operate safel y in t he NAS over certain sparsely populated rural areas of the State of New Mexico and a small portion of west central Texas also known as BLM Pecos District and the western Permian14

Basin without creating a hazard to other aircraft or people on the ground. Acco rdingl y, the FAA
may approve its use without an airworthiness certificate as demonstrated by: (i) the safe operational history

and current use of the Nova Block III UAS in the NAS; (ii) the characteristics of the Nova Block III UAS; (iii) the limited area of CHEROKEE UAS ’s intended operation; (iv) the Safet y Management Sy stem CHEROKEE UAS has developed for Nova Block III UAS operations and maintenan ce; (v) the FAA licensed pilot requirement; (vi) the observer requirement; (vii) the specific operating limitations; and (v i ii) any other conditions that the Administrator may

prescribe.

**i. The Nova Block III UAS Has A Proven History Of Operation In The NAS Pursuant To A Certificate Of Authorization (“COA”).**  The Nova Block III UAS is currentl y operating sa fely in the NAS pursuant to approximately fourteen (14) Certificates of Authorization (“COA”) granted by the FAA to the Middle Tennessee State University ; S inc lair Community College in New Mexico; the U.S. Army Corps of Engineers (Jacksonville District, fo r operations in South Florida); Mississippi State University for the Pearl River Basin; and the Universit y of Florida. The U.S. Arm y Corps of Engineers will be operating the Nova Block III UAS pursuant to an additional five COAs in the foreseeable future, pending approval by the FAA.

**ii. The Specifications of The Nova Block III UAS Demonstrate Its Safe Characteristics.** The Nova Block III UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security conside ring its size, weight, speed, or operational capability. The specifications of the Nova Block III UAS are as follows: Unmanned Aircraft System The Nova Block III is an Unmanned Aircraft System that is comprised of a small, lightweight unmanned aircraft an d a transportable ground station.

Serial No. TBD Unmanned Aircraft Dimensions Wingspan: 108 in. Length: 65 in. Engine (Propulsive Unit) Engine (Propulsive Unit) (1) Altavian LLC. . P/N : 30027 (Electric) FAA Engine Type Cert: None Propulsive Unit Type: 25V, 11 Amp Hour capacity, Lithium ion battery powered, direct drive electric motor15

Motor, Electric Sub

- Assembly: Manufacturer: NeuMotor Model: 1509 2.0 HP Peak Power Direct Drive 10 oz. Wt. Motor, Controller Sub

- Assembly: Manuf acturer: Castle Creation Model: Phoenix Ice 100 Type: Speed Controller 100 Amps Maximum 4.6 oz. Wt. Motor, Battery: Manufacturer: MaxAmps, LLC.

. Type: Lithium Ion 11 Amp hour 22.2V (nominal)

Fuel Not Applicable. NOTE: The Nova Block III UAS is powered by a Lithium Polymer rechargeable battery, Altavian P/N 30142. Engine (Propulsive Unit) Limits Maximum Power Output: 2.0 HP Maximum RPM: 60,000 RPM (reduced to a propeller RPM of 7,200) Maximum Motor Temperature : 170 °F (77 °C) NOTE: The motor temperature is not displayed to the operator. Maximum motor, controller sub

- assembly temperature: 194 °F (90 °C) Minimum voltage, motor battery during pre

flight engine run up after 3 sec. at max throttle: 22.6V
Propeller and Propeller Limits (1) Altavian LLC. . P/N 30360 FAA Propeller Type Certificate: None Propeller Type: 2

- blade, hinged (folding), carbon fiber reinforced plastic, fixed pitch, tractor

Propeller Sub

- Assembly Manufacturer: Aeronaut Mode l: CAM 15x13 Diameter (Nominal): 15 in. Battery Command & Control Nova Air Vehicle Battery P/N 30142 powers the motor, and battery command and control. Airspeed Limits Vne (Never Exceed Speed) 58 knot (30 m/s)
Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) Va (Maneuvering Speed) 48 knots (25 m/s) Landing Speed: 27 knots (14 m/s) Empty Weight C.G. Range 20.2

– 21.7 inc hes aft of datum16

Datum Front of Motor Case Mean Aerodynamic Chord (MAC) 13 in. long with leading edge 21.2 in. from nose Leveling Means Not Applicable. Maximum Weights Ramp 15 lbs. Takeoff 15 lbs. Landing 15 lbs. Empty Weight 8.35 lbs.

NOTE: Empty Weight Excludes weight of battery and payload modules.

Frequencies 902

- 928 MHz (I SM Band) 2.4 GHz (I SM Band) NOTE: FCC license is not required to utilize the above frequencies; uplink and downlink are on the 900Mhz band. If video is utilized, uplink, downlink, and video are all on 2.4 Ghz. Computer Software Avionics embedded processor, P/N 30138 Minimum Crew (1) The Nova Block III 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 1,000 ft. AGL (304 M) Control Surface Movements Wing Flaps N/A Aileron Up 30° Down 30° “V” tail elevator action Up 60° Down 60° “V” tail rudder action Up 60° Down 60° “V” tail max. combination Rudder elevator action Up 60° Down 60° Nominal Endurance 90 minutes above 32 °F (0 °C) 45 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 L imitation 19 knots Maintenance This Nova Block III UAS must be maintained in accordance with the Altavian Nova Maintenance Operation Manual, or later FAA accepted revision.

**The Specifications of**  **the Nova Block III UAS Demonstrate Its Safe Characteristics**17

**iii. Flight Operations Pursuant to the Exemptions sought would be limited to sparsely**  **popul ated rural areas of**  **New Mexico and west c entral Texas, to include**  **the BLM Pecos District and the Permian Basin. Furthermore, Flight Operations Pursuant to the**  **Exemptions sought would speci fically avoid proximity to Airports or populated areas.**  **Populated areas and airports within the confines of these areas will be strictly avoided and not overflown.**  **Individual filed NOTAMs will not exceed 10**  **x 10 miles.**

14 C.F.R. § 91.119 restrictions

1. Not to be operated over populated areas as depicted on VFR Sectional Aeronautical Charts and visual observation;

2. Not to be operated within five (5) miles of any airport or helipad;

3. Not to be operated closer than 500 feet to any person, vessel, v ehicle, or structure.

Furthermore, all flight operations will be conducted in accordance with 14 C.F.R. § 91.119, Minimum safe altitudes: General

.

**CHEROKEE UAS submits that th**  **e vast majority of New Mexico**  **, particularly Southeastern New Mexico**  **and west c entral Texas, otherwise known as the BLM Pecos**  **District and the Permian Basin would qualify as rural sparsely populated areas**  **over which CHEROKEE UAS**  **could perform UAS derived, aerial survey and inspection flight operations pursuant to the requested exempt**  **ion.**

A Google map depicting the proposed area for flight operations over southeastern New Mexico and west central Texas, otherwise known as the BLM Pecos District and the Permian Basin, which are not in the proximity of Airports or populated areas is Figu re 1.18

**Figure 1 :**  **Area outlined in Green represents proposed area of operations for Nova Block III**  **UAS aerial survey and inspection operations over the BLM Pecos District in southeastern**  **New Mexico**  **and the western Permian Basin of west central Texas**

**.**

Note: Red Outlined Areas representing major exclusion or “No Fl y Zones”, these are for

illustration and do not represent all “No Fl y Zones”.

**Current VFR Sectional Charts will be use**  **d to avoid Air ports by 5 NM. as well as roads and**  **population zones. S**  **inc e all proposed flight**  **s will**  **be VFR/Daylight**  **only, the PIC and**  **observer will ensure positive avoidance of these areas.**19

**Figure 2: Areas in Red or filled in O**  **range are exclusion or “no fly zones” for Nova Block**  **III UAS aerial survey and inspection operations conducted by CHEROKEE UAS** 

**. The**  **VFR Sectional depicted below is an example of one way how VFR Sectional Charts will be used.** 

**Buffer or exclusion zones for flight operations will also be implemented around state roads.**  **Buffers of one hundred (100) meters around state roads with more than two lanes, and fifty (50) meters around state roads with two lanes or less will be implemented.** 

A Google map depicting a proposed area for flig ht operations over western New Mexico and not in the proximity

of Airports or populated areas is Figure 3

.20

**Figure 3 :**  **Area outlined in Red represents**  **a typical area of operations for Nova Block III UAS**  **aerial survey and i**  **nspection operations over very remote and sparsely populate d areas of**  **New Mexico**

**.**

Note: Due to its remote nature, there are no exclusion or “No Fl y Zones” in this area.

Exhibits to this Petition are proprietary information, and in accordance with 14 C.F.R. 11.35(b), are not to be inc luded in the Federal Docket Management System (FDMS).21

**In summary, CHEROKEE UAS seeks to operate its Nova Block III UAS only o ver rural**  **sparsely populated areas of**  **New Mexico and west central Texas, to include**  **the BLM Pecos District and the western Permian Basin, which are not in the proximity of Airports or**  **populated areas, while maintaining safe distances from any populated areas, airpor ts,**  **helipads, or roadways**

. **iv. Operation Of The Nova Block III UAS Will Be Conducted Pursuant To A Safety Management System.**  A Safet y Management System (“SMS”) will control CHEROKEE UAS’s operation of the Nova Block III UAS and will significantl y contri bute to maintaining the level of safet y contemplated by the airworthiness certificate requirements from which CHEROKEE UAS now seeks relief. Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general) , each person performing maintenanc e, alteration, or preventive maintenance on the Nova Block III UAS, motor, propeller, or appliance shall use the methods, techniques, and practices prescribed in the
current F6500 Maintenance Manual. The Nova Block III UAS SMS consists of rigidl y following the guidelines and instructions found in the Nova Family of Sy stems Operations Manual, the F6500 Maintenance Manual, the manufacture ’ s Field Guide as well as strict adherence to all FAA rules and regulations applicable to this sUAS and th e COA s associated with it and other Instructions for Continued Airworthiness deemed acceptable to the Administrator. Each person shall use the tools, equipment, and test apparatus necessary to assure completion of the work in accordance with accepted industry p ractices. A copy

of the se SMS documents , which are proprietary

information, are attached hereto as Exhibit A , and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). Exhibits to this Petition are proprietary information, and in accordance w ith 14 C.F.R. 11.35(b), are not to be included in the Federal Docket Management Sy stem (FDMS).

**v. Flight Operations Of The Nova Block III UAS Are Limited To The Line Of Sight Of A FAA PPL, Pilot in Command With A Safety Observer.**  CHEROKEE UAS will only utilize FAA Licensed Private Pilots with no less than a valid 2nd Class Airman Medical Certificate to act as pilot in command of the Nova Block III UAS. Additionally , all pilots will be assisted by a safet y observer possessing a programmable, multi

Channel VHF Radio for Aeronautical Operations, with relevant ATC and emergency channels available, as indicated in current VFR Sectional Aeronautical Charts. The pilot in command and safet y observer must meet the requirements as set forth by the SMS and Standard Operating Procedures adopted b y C HEROKEE UAS for flight operations of the Nova Block III UAS. Currency status will mirror FAA PPL standards and Duty Time Restrictions for UAS crew are no more than 12hrs/24 hrs. A cop y of the Standard Operating Procedures, which is proprietary information, is attached hereto as Exhibit B , and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).4

**vi. Flights Will Be Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, CHEROKEE UAS proposes to commerciall y operate the Nova Block III UAS without satisfy ing the restricted category a irworthiness certification process specified in 14 C.F.R. § 21.185, or otherwise having a certificate of airworthiness issued by the FAA, as22

contemplated b y 14 C.F.R. Part 21. CHEROKEE UAS proposes to operate the Nova Block III UAS, for the special purpose of conducting UAS derived survey s and inspections over sparsel y populated rural areas of New Mexico and west central Texas pursuant to the f ollowing specific operating limitations:

**Nova Block III UAS Specific Operating Limitations**

**1.** Flight operations are permitted only in the defined, limited areas over rural New Mexico and west central Texas, otherwise known a s the western Permian Basin.

**2.** Fligh t operations are permitted when no other aircraft present a possible risk of intrusion in the UAS operations area; safet y of flight for manned aircraft alway s takes precedence.

**3.** The Nova Block III UAS will be operated at or below 400 ft. above ground level (AGL), except as necessary

to comply

with the requirements of 14 C.F.R. § 91.119 or as specificall y permitted in an ATC issued COA.

**4.** The Nova Block III UAS shall be operated within one mile, and alway s within line of sight, of the pilot in command and saf et y observer.

**5.** The PI C and safety

observer will have immediately available to them, a functioning programmable multi

- Channel VHF Radio for Aeronautical Operations, with relevant ATC and emergency

channels available.

**6.** The Nova Block III UAS shall be operated pursuant to Day Visual Flight Rules (VFR) in visual meteorological conditions (VMC). The Nova Block III UAS shall be operated only during day light hours ( i.e. between the beginning of morning civil twilight and the end of evening civil twilight, as publis hed in the American Air Almanac, converted to local time).

**7.** The duration of each flight shall not exceed 1.5 hours.

**8.** The Nova Block III UAS shall operate from on

- site takeoff/landing locations directly next to the pilot in command and co

- located safet y observer.

**9.** Operations shall be conducted b y PPL certificated airmen who have completed specialized ty pe training, check ing, currency , and recency of experience requirements as approved b y the FAA Administrator.

**10.** Operation of the Nova Block III UAS with an y inoperative instruments or equipment shall be prohibited.

**11.** The Nova Block III UAS shall be maintained in accordance wi th the Manufacturer’s Maintenance Manual.

**12.** The Nova Block III UAS shall be operated pursuant to 14 C.F.R. Part 91, operating requirements.23

**13.** For the proposed flight operation, only one Nova Block III UAS shall be airborne at any given time.

**14.** Prior to fligh t operations, CHEROKEE UAS PI C shall coo rdinate and establish two way communications with the nearest Air Traffic Control facility and report completion of flight operations to same.

**15.** For an y flight operations over U.S. Government or state managed lands, CH EROKEE UAS shall coo rdinate with the appropriate authority and ensure that the propert y owners have at least twelve (12) hours of advance notice prior to the proposed flight operations. Coordination shall include anticipated periods of operation, purpose o f the flights, and contact information for the operator should questions or issues arise.

**vii. Any Other Conditions The FAA May Prescribe For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. § 21.16 entitled Special Conditions

, CHEROKEE UAS requests that the FAA prescribe special conditions for the intended operation of the Nova Block III UAS, which co ntain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by Section 21.185, and which will permit safe operation of the Nova Block III UAS for the special purpose of conducting aerial acquisitions over the State of New Mexico and west Texas . Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides t he authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the aircraft systems in the NAS. Likewise, the Administrator may prescribe special conditions
pu rsuant to 14 C.F.R. § 21.16, for operation of the Nova Block III UAS, s inc e the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21. 16, entitled Special Conditions

, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel

or unus ual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for th e aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16

Therefore, in accordance with Section 333 and 14 C.F.R. § 21.16, the FAA may presc ribe special conditions for CHEROKEE UAS ’s intended operation of the Nova Block III UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by Section 21.185, and which w ill permit safe operation of the Nova Block III UAS for the special purpose of conducting aerial survey and inspection acquisitions over rural and sparsely populated New Mexico and west central Texas, including24

the BLM Pecos District and the Permian Basin, which are not in the proximity of Airports or populated areas.

**F. A Summary That Can Be Published In The Federal Register,**  **stating: The Rules From Which CHEROKEE UAS Seeks Exemption:**  CHEROKEE UAS, LLC seeks exemption from the requirements of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b) and 21.185. **A Brief Description Of The Nature Of The Exemption CHEROKEE UAS Seeks:** This exemption will permit CHEROKEE UAS, LLC to operate a s mall Unmanned Aircraft System conducting UAS derived surveys and inspections over limited, sparsely popula ted rural areas of New Mexico and west central Texas, to in c lude the BLM Pecos District and the western Permian Basin, while keeping the documents req uired by the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, the exemption will relieve CHEROKEE UAS, LLC from the airworthiness certificate standards and the requirement to have a certificate of a irworthiness for its Unmanned Aircraft System. This exemption will also permit any required markings concerning the operational status of the UAS to be displayed on the fuselage of the unmanned aircraft. **Populated areas and airports within the confines of these areas will be strictly avoided and not over flown.** 

**G. Any Additional Information, Views, Or Arguments Available To Support The CHEROKEE UAS LLC Request.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012, Section 333,

w hich directs the Secretary of Transportation to determine if certain UAS may operate safel y in the NAS. As such, CHEROKEE UAS LL C’s request for exemption may be granted pursuant to the authority

of Section 333 and 14 C.F.R. Part 11, as set forth above. Sec . 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public or pose a threat to national securit y; and further, provides the authority for such UAS to operate without airworthiness certification. S ection 333 states the following: (a ) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft sys tems 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 w ithin 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; and25

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

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra ft systems in the national airspace system. As discussed in detail above, the Nova Block III UAS has in the past, and will continue in the future, to operate safel y in the NAS without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national securit y.

**CONCLUSION** As set forth above, CHEROKEE UAS seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the Nova Block III UAS comm ercially , without an airworthiness certificate, for the special purpose of conducting aerial survey and inspection acquisitions over certain, limited, sparsel y popula ted rural areas of New Mexico and west central Texas, to include the BL M Pecos District an d the western Permian Basin. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing CHEROKEE UAS LLC to sa fely

, efficientl y, and economically operate the Nova Block III UAS commercially within the NAS.

Exhibits to this Petition are proprietary information, and in accordance with 14 C.F.R. 11.35(b), are not to be included in the Federal Docket Management Sy st em (FDMS).

**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, CHEROKEE UAS respectfully requests that the Administrator grant this Petition for an exemption from the requirement s of 14 C.F.R. §§ 91.9(b), 91.203(a), 91.203(b), 45.23(b), as well as the restricted category airworthiness certification standards specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness issued for the Nova Block III UAS, as contemplated by 14 C.F.R. Part 21.

Dated: November 15 , 2014

Respectfully submitted,

Mark G. Fischer26

CHEROKEE UAS Pr esident and CEO CHEROKEE UAS LLC 168 L ewis Trail Arabela, NM 88351 M: 575

- 740

- 7221 O: 575

- 653

- 4745

cc: James H. Williams, AFS

- 80 Robert Pappas Dave Morton, AFS

- 8727 **EXHIBIT A**

Nova Fam ily of Sy ste ms Operation s M an ua l.p df

F6 500 M aintenanc e M anual. pdf

Fie ld G uid e. pdf28 **Exhibit B**

Ch erokee UA S SOP 333 E XEMP TI ON. pdf